yesterday's tennessee

CHANCERY COURT MINUTE BOOKS
7 AND 8

Jonathan Kennon Thompson Smith

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These are the oldest surviving minute books of the Henderson County Chancery Court in which court civil cases were heard. A researcher needs to know that these records are indeed minutes — cryptic accounts of the causes involved; the original briefs in which papers/documents dealing at length with the causes were destroyed along with other earlier chancery records in July 1895. Photocopies from these abstracted minutes are available for a nominal fee from the Tennessee State Library and Archives, 403 7th Avenue, North, Nashville, Tennessee 37243.

GEORGE H. NIXON presided as Judge over this court in Henderson County, part of the Ninth Chancery District, 1870-1886. WILLIAM F. BROOKS served as Clerk and Mister of this court, 1878-1887 (having resigned in the latter year and Charles R.. Scott becoming his successor).

 

HENDERSON COUNTY CHANCERY COURT
MINUTE BOOK SEVEN, 1880-1882

5-6. March 22, 1880
S. DRABELLE and J. T. GARDNER v P. E. PARKER and OTHERS
In March 1878 the complainant's bill of complaint to "set up" a lien against the land in the bill was dismissed by the Court whereupon the complainants appealed their cause to the western division of the Supreme Court of the state, which appeal was heard November 29, 1879. The Supreme Court ordered the cause remanded to Chancery for further consideration and the defendants were ordered to pay the costs of the suit.

It appeared in Chancery that C. R. SCOTT had married HATTIE MURPHY since the beginning of this suit and SCO~IT was made a party to this litigation.

268-271. March 29, 1881.
It appeared to the Court that on April 15, 1875 P. E. PARKER had executed a deed to GRACE and HARRIETT (Hattie) MURPHY to a tract of 421 acres of land in Civil District 9 of Henderson County. The Murphys were to pay Parker $5000 for this real estate, $1500 paid in cash with a lien they agreed to pay out. PARKER owed DARBELLE and GARDNER, merchants of Louisville, Kentucky, $3162, being $2039 plus $1125 in interest. PARKER had assigned the property in May 1875 to DRABELLE and GARDNER, signing promissory notes to pay his debts but he had not done so and the amount now due was $3500. The Court ordered the 421 acres to be sold to pay the debt.

415-416. October 6, 1881
P. E. PARKER and wife v DRABELLE, GARDNER and Others
The "other" defendants in this cause, C. R. SCOTT and wife, HATTIE SCOTT, GRACE MURPHY, were ordered to answer questions (not listed) relevant to this suit during this term of court. The defendants had filed their own bill of complaint against the Louisville merchants.

448-449. March 29, 1882
These two suits were "consolidated," i.e. combined. The PARKERS sought to have a homestead for themselves set aside out of the lands on Sandy River, in this cause, to the value of $1000. The Court ordered JOHN H. DAY, county surveyor, to lay out and survey this acreage for P. E. and JOANNA PARKER.

522-523. September 26, 1882
In July 1882, JOHN H. DAY surveyed a homestead tract in consultation with a committee appointed to determine a fair homestead which included the "mansion, storehouse and outbuildings" in Wildersville on the "waters of Sandy River" in Civil District 9, Henderson County.

Minute Book 8, 21-23. March 28, 1883
DRABELLE and GARDNER contested this 12 acre homestead and the Court appointed another committee to assist in laying out a homestea& tract. The Clerk and Master was ordered

 

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to sell all the land in this. cause except for the homestead tract and if the amount raised thereby was insufficient to pay the indebtedness due from the PARKERS it too would be offered. for sale.

8, 117-121. September 25, 1883
On June 23, 1883 the Clerk and Master held a sale at Wildersville at which time 421 acres on the north side of Sandy River, in which was included the 12 acre homestead tract, bounds as described included "the old water mill" on Sandy River and a corner "of the old store house used now as a crib. "At this sale JOHN T. GARDNER bought the 409 acres for *1800, title to which was vested in him and divested from P. E. PARKER and OTHERS. This was insufficient to pay out PARKER's debts so that the homestead was sold to GARDNER for a further $300, but the PARKERS were to retain a "life interest~~ in the 12 acres.

8, 347-351. March 26, 1885
J. T. GARDNER had not paid the hefty legal fees (laiiyers fees, chiefly), being subject to pay *2152. 50 in all for the land and fees. He had sixty days to pay this amount and if he did not the Clerk and Master was ordered to sell enough of the land to meet this amount.

8, 414-415. October 1, 1885
It was noted that J. T. GARDNER was subject to pay $2152. 50, less the $350 he bad already paid, in the next sixty days or the land would be sold again to pay this obligation.

8, 512-513. M. rch 25, 1886
J. T. GARDNER had not paid what was due and a lien was ~still noted on the property.

Minute Book 9, 109. October 1887
J. T. GARNDER had apparently paid off the $2152. 50 by this date and the Court ordered the suit retired from the docket, i. e. terminated, subject to the wishes of either party to reinstate the suit.

None of the parties ever did.

PRIESTLY EZEKIEL PARKER (1828-1906), a native of Orange County, North Carolina and one of the children of Dr. JOHN PARKER, established himself as a merchant in Wildersville, a village in Civil District 9 of Henderson County. He married JOANNA FRANCIS MURPHY (1836-1917), December 7, 1853. She was a daughter of JOSEPH and GRACE (LESLIE) MURPHY (died 1887); her sister was HATTIE ELIZABETH MURPHY (1844-1927) who married CHARLES R. SCOTT (1838-1908) in February 1880. (LEXINGTON PROGRESS, February 2, 1906; November 23, 1917; February 25, 1927) These families are treated in Marion E. Murphy's 1974 publication, EARLY MURPHY-MURPHEYS IN PITTSYLVANIA COUNTY, VIRGINIA, ROBERTSON AND CARROLL COUNTIES, TENNESSEE.

The following was published in the LEXINGTON PROGRESS, November 35, 1929 (and reproduced in Brenda Kirk Fiddler's book, W. V. BARRY' a LEXINGTON PROGRESS, 1884-1946, Lexington, 1995, page 199):

 

In the year 1866 the late P. E. Parker established a business just West of Sandy River, building a large storehouse and putting therein one of the largest and most complete stocks of general merchandise ever offered to the people of Henderson County. He also established a saloon, or "grocery" as it was then called and built a large steam mill on the West bank of Sandy. He had a complete milling outfit for grinding corn and wheat, a large sawmill, a cotton gin, a carding factory for carding wool, a spinning outfit and loom for weaving cloth. This was doubtless the most extensive manufacturing establishment or plant ever located in Henderson County, even to this good day. Ed. Wilder, a wholesale druggist and patent medicine man of Louisville, Ky., visited Mr. Parker soon after he commenced business and he asked and was given permission to name the town and it was called Wildersville, when it should have been Parkersburg. Mr. Parker owned all the land in the community. He erected a commodious two-story residence building for his family and several houses for those who worked for him. On the completion of the Paducah, Tennessee and Alabama Railroad, from Paducah, Ky., to junction with the Tennessee Midland Railroad at Lexington in 1890, the town of Wildersville was moved to its present site, one of the most prosperous business points an Henderson County, where Mr. Parker continued to do a general merchandising business for several years.

 

6-7. March 22, 1880
JOHN ALONG v BEN MILLS, administrator and OTHERS and BEN MILLS, administrator and OTHERS v JOHN A. LONG
On January 15, 1879 the Court ordered the land in this cause to be soJ. d. IFrom the text off these minutes it is evident that STEPHEN POWERS, JR. had died owing purchase money on land he bought from JOHN A. LONG. The Court agreed that it was to the benefit of his heirs for the administrator to finish paying for the tract. )BEN MILLS, adminis- trator of the estate off STEPHEN POWERS, JR., deceased, purchased the land for the benefit of the decedent's heirs, the land being located in Civil District 14 of' Henderson County. Title to the land was divested from JOHN A. LONG and vested in the administrator of HENRY POWERS, JR.. for his heirs. Acreage not given.

7-8. March 22, 1880
WILLIAM C. CHRISTOPHER, guardian of the minor CHILDREN of JOHN M. ROSS, deceased. Ex Parte. As guardian of JOHN M. ROSS' children, CHRISTOPHER alloted to them: LUCY B. ROSS, $16.61; HERCULES ROSS, $114.01l; ALICE Z. ROSS, $114.01; JACK ROSS, 114.01; SALLIE ROSS, $114.01.

Over the next several years CHRISTOPHER filed annual settlement reports with the Court, detailing monies spent on them and their needs. It was noted on pages 481-485, April 4, 1882, that LUCY ROSS had recently married J. J. BASS. Having served as guardian CHRISTOPHER was released from that responsibility when the cause was removed from the docket, i.e. terminated, as noted in Minute Book 9, page 167, April 1887.)

8-22. March 23, 1880
ISHAM O'NEAL, FRANK O'NEAL, R. J. BARHAM, WILLIAM L. HILL and OTHERS v ALICE ROBINSON, MARTHA TULL, MATHEW McKNIGHT and OTHERS and JOHN C. TRICE and JOEL F. HAMLETT v ALICE ROBINSON, MARTHA TULL, DAVID M. TULL, P. B. FARROW, HUGH ROBINSON and OTHERS
Among the property sold by order of the Court, on November 22, 1879, numerous personalty was sold in this cause, including one mill and machinery (purchased by JAMES M. COULTER for $400). Of the real estate:

l. Mill House and Lot in Henderson, Tennessee, known as the N. A. EWING mill lot, was sold to JAMES M. COULTER for $225.

2. Homestead interest, four acres, was sold to Mrs. ALICE ROBINSON for $125, it having been agreed that she, as widow, should have the land at this price.

3. Reversionary interest in dower tract, 124 acres, was sold to Mrs. ALICE ROBINSON for $225, it having been agreed that she, as widow, should have the land at this price.

4. Second dower tract, 102 acres, was sold to Mrs. ALICE ROBINSON for $125, it having been agreed that she, as widow, should have the land at this price.

5. 190 acres was sold to N. G. WARD for $260, being located in Madison County, Tennessee, lying west of the Mobile and Ohio Railroad. It had been bought by THOMAS M. ROBINSON (late husband of Mrs. ALICE ROBINSON) from JOHN S. SMITHSON on December 9, 1872.

6. Tract One of the unit survey, 25 acres in Civil District 4, Henderson County, was sold to JOHN BARHAM for $30.

7. Tracts Two and Four of unit survey, 25 acres in same district, sold to JOEL F. HAMLETT for $23.

8. Tract Three of unit survey, 31 acres, was sold to W. C. CHRISTOPHER for $73.50.

9. Tract Five of unit survey, 130 acres, in same district as the other acreage in the survey, was sold to JOHN M. TAYLOR and LEVI S. WOODS for $1030. The surveyed tracts, one, through five, adjoined the widow's land. A five acre tract, the SMITH lot with steam mill and house and other lands were not sold as it was [not] necessary to do so to pay expenses of the estate.

On November 21, 1879 the Clerk and Master sold 99 acres, at Jacks Creek, to JOEL F. HAMLETT and JOHN C. TRICE for $1000. A reversionary interest of dower, 49 acres, was sold to Mrs. AIICE ROBINSON for $100. These dispositions of land were approved by the Court and the inherited interest of MARTHA TULL and husband, DAVID M. TULL, P. E. FARROW, the widow, ALICE ROBINSON, HUGH ROBINSON, BLANCHE ROBINSON and MATHEW McKNIGHT

 

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was divested from them and vested in the various parties.

(135-136. March 21, 1880
The Court allowed HOLCOMBE ROBERTSON $50 as receiver in this cause for his services. Provision was made to pay taxes in the estate for the years 1878 and 1879.

275-276. March 30, 1881
The Clerk and Master reported that he had distributed monies due distributees/heirs leaving a balance in the estate of $363.27.

328. April 2, 1881
The Clerk and Master was ordered to lend at legal interest the $363.27 for the benefit of the heirs.

350-351. September 29, 1881
The Court ordered the Clerk and Master to pay any fees due in the litigation from the $363.27 and turn the balance of the funds over to JOHN BARHAM, JR., administrator of the estate of T. M. ROBINSON.)

24-26. March 24, 1880
NAPOLEON B. LIPE and SAMUEL HOWARD v L. A. TEAGUE and wife, MILLIE H. TEAGUE, THOMAS CAMPBELL, R. H. DAVIDSON
At the September term of court, 1879, the Court ordered the land in this cause to be sold on January 28, 1880. 153 acres were sold to Mrs. M. J. SMITH for $228 and 42 acres adjoining the former tract sold to the same party for $88. The town lot was sold to A. H. RHODES for $43. The town lot was sited on the town square in Lexington, on Main Street at the corner of Mrs. JANE SMITH's "wareroom" and adjoining the law office formerly known as M. S. EDWARDS' office lot but "now" owned by A. H. RHODES. Title was divested from the TEAGUES, CAMPBELL and DAVIDSON and vested in Mrs. SMITH and RHODES.

27-28. March 24, 1880
T. M. STUBBLEFIELD v SYLVIA BIRD, colored, GREEN WEST, colored, LIZA JONES and husband, BOB JONES, colored, ALICK McCOLLUM, colored and OTHERS
By Court order the Clerk and Master had sold a tract (acreage not given) in Civil District 14, Henderson County, December 20, 1879, to THOMAS M. STUBBLEFIIELD for $1000. Title to the land was divested from the defendants and vested in STUBBLEFIELD. (Also mentioned in the record as defendants were SOLOMON BYRD, colored and SUSAN DAVIS and husband, MONROE DAVIS, colored.)

32. March 24, 1880
B. A. PRIDDY in his own right and as administrator of JACKSON C. PETTY v JOHN PETTY, FRANK PETTY, DAVID PETEY and OTHERS
It appeared to the Court that DAVID PETTY, FRARK HART and JOSEPH HART were minors and A. C. HENRY was appointed as their guardian.

(86-87. March 29, 1880
This cause was heard in this court. It appeared to the Court that JACKSON C. PETTY died intestate /without a will/ in Henderson County in 1872 or 1873, leaving his heirs, the defendants in this cause; that at the July term of court, PETTY's estate was declared insolvent and B. A. PRIDDY was appointed administrator of his estate /this being done in the county court/, who reported that little personalty of the deceased was available to sell to pay estate debts. By purchase PRIDDY owned an undivided interest in J. C. PETTY's land, having bought the interest of SERINA GRISWELL, FRANK PETTY, JOHLN PETTY, DAVID PETTY, JOSEPH and FRANK HART. JANE PETTY owned a 1/7 interest in the land and MARY BRITT owned a 1/7 interest in same. The Court ordered the Clerk and Master to determine as near as possible the exact date of JACKSON PETTY's demise /if ever determined it was not written in the minutes/ and whether the land could be divided among the various heirs. The business of the estate was moved from the County Court to the Chancery Court.

90-91. March 30, 1880
By recommendation of committee appointed to determine whether or not it was feasible to divide the land among the various heirs it was suggested that it could not be so

 

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divided because at least one-third of the land had been cleared and was "worn out" and the rest could not be equitably divided by value. The Clerk and Master was ordered by the Court therefore to sell the PETTY land.

230-232. October 2, 1880
On June 12, 1880 the Clerk and Master sold 35 acres of the tract to M. H. JONES for $60; 160 acres to JOHN J. JOYNER for $410 and the land having been sold title to the tracts was vested in the purchasers.

254-256. March 28, 1881
Five additional tracts of the PETTY land were sold by the Clerk and Master on December 6, 1880.

1850, November 11, U.S. Census, Civil District 11, Henderson County, page 196:
JACKSON PETTY, age 27, Alabama; MARY PETTY, age 27, North Carolina; SARINA PETTY, age 6, Tenn.; LOUISA PETTY, age 8, Tenn.; WILLIAM PETTY, age 5, Tenn.; WESLEY PETTY, age 4, Tenn.; ANDREW PETTY, age 1, Tenn.
1870, June 20, U.S. Census, Civil District 10, Henderson County, page 91:
JACKSON PETTY, age 53, Tenn. /note difference in birth states in the two censuses/; MARY PETTY, age 53, North Carolina; JOHN N. PETTY, age 16, Tenn.; THOMAS F. PETTY, age 15, Tenn.; DAVID W.. PETTY, age 11, Tenn.; MARY J. PETTY, age 7, Tenn.)

33. March 24, 1880
W. A. GARDNER v ROENA SYKES, WILLIAM SYKES, CHARLIE SYKES, VIOLET SYKES, MILLY SYKES, DARTHA SYKES, BUCK SYKES
It appeared to the Court that all the defendants were minors. A. C. HENRY was appointed as their guardian. On pages 39-40 it was recorded that on August 24, 1878 the complainant had sold a 150 acre tract of land in Civil District 19 of Henderson County to BUCK SYKES with a lien left on purchase price. BUCK SYKES and his widow had since then both died leaving these minor children. With $355 still owing on the land, the Court ordered the Clerk and Master to sell the land.

(195-197. September 29, 1880.
The 150 acres in this cause, located in Civil District 19, Henderson County, was sold to N. A. and N. M. GARDNER for $150 on July 10, 1880. Title to land vested in them.)

41-42. March 25, 1880
L. P. MEALS and OTHERS v S. M. HEFLEY and W. A. REACE
It appeared to the Court that the defendants were indebted to complainants for $279, it being "for part of the purchase money for land", the 108 acres located in Civil District 7, Henderson County, bounded on the south by SAMUEL HOWARD and JAMES MOFFITT; on the east by EDMOND WEBB; on the north by L. S. WOODS; on the west by G. T. WEBB and R. D. MOFFITT; being part of a 380 acre tract known as the COLLINS land which was conveyed to SAMUEL HOWARD in trust by OWEN HANEY and wife but excluded 100 acres and 172 acres bought by L. S. WOODS. HEFLEY and REACE had sixty days to pay the lien of $279.71 but if not paid, the Clerk and Master was ordered to sell the land for the benefit of the complainants.

(251-252. October 2, 1880
The 108 acres in this cause were sold to SAMUEL HOWARD for $301 on July 10, 1880 and title to this acreage was vested in him.)

61-62. March 26, 1880
SARAH LWATSON, JOHN F. WATSON, FRANCES CAZORT and J. D. CAZORT v EMMA E. MILAM, MILTON BRITT and OTHERS
The defendants, EMMA E. MILAM, MARY J. SCOTT and husband, THOMAS SCOTT, JAMES N. BRITT, RAYBORN W. BRITT, MILTON BRITT, SAMUEL E. TILSON and guardian JAMES TILSON, DORA BRITT, KATY BRITT, DIANA BRITT and IDA BRITT, parties in this suit, were ordered to appear in Court. J. C. MILAM is given as EMMA F. MILAM's husband. A. C. HENRY was appointed guardian of the minors, MILTON, DORA, KATY, DIANA BRITT.

(243-246. October 2, 1880
It appeared to the Court that JOSEPH BRITT had died intestate /without a will/ and

 

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unmarried, in Henderson County in September 1879; that complainants and defendants were his next of kin except JAMES TILSON. His parents were deceased and he had no siblings. On his mother's side his grandfather, DAVID WILSON, was still living as were the mother's siblings, D. H., JOHN, HOWARD WILSON and SUSAN PARKER; that JOSEPH BRITT had left three tracts of land, two of which were "fine lands but almost devoid of timber;" the other tract was "poor" but well-timbered. It was ordered that these lands be sold. All three tracts were located in Civil Districts 8 and 9, Henderson County. One 74.5 acre tract was sited where the Lexington and Huntingdon Road crossed the Trenton Road at Parker's Cross Roads, on the east line of D. H. WILLIAMS' land. One 94 acre tract began at a stake in the Trenton Road next to the JOHN PARKER Crossroads land and on the west line of the dower alloted to JOHN PARKER's widow. The first tract and a corner of the second tract had belonged to E. A. BRITT, the father of JOSEPH BRITT, which he bought out of the estate of JOHN PARKER, deceased. The third tract, 100 acres, was part of the 213 acres bought by E. A. BRITT on November 28, 1859 from SOLOMON COZORT. At E. A. BRITT's demise these three tracts were inherited by JOSEPH BRITT. FRARCIS COZORT had a one-ninth interest which at her demise went to her children, L. H. and EMMA COZORT. EMMA E. MILAM, MILTON, DORA, KATY, DIANA and IDA BRITT each had a one-ninth interest in the land. MARY J. SCOTT and SARAH E. TILSON jointly owned a one-ninth interest. SARAH E. WATSON, JAMES N. and RABORN W. BRITT jointly owned a one-ninth interest. All these shares constituted an undivided land-holding (the three tracts).

JOSEPH BRITT's debts could be paid without the necessity of selling his land. The Court allowed "that it would be manifestly to the interest and advantage of the complainants and defendants for said several above described (tracts) to be sold for partition and division or proceeds" instead of being divided among so many heirs. WILLIAM F. BROOKS, the Clerk and Master, was ordered to hold a land sale of these tracts at Wildersville.

351-352. September 29, 1881
On December 9, 1880 the Clerk and Master sold 200 acres to G. L. LAWS for $855.

496-498. April 2, 1882
On February 5, 1881 the Clerk and Master sold 94 acres and 67 acres to MILTON R. BRITT for $950.

Minute Book 8, 15-17. March 28, 1883
SARAH E. TILSON had married and was now SARAH E. MASSEY.

133-134. September 26, 1883
This cause was removed from the docket, i.e. terminated.)

81-82. March 27, 1880
A. G. DOUGLASS, Trustee, JOHN TEAGUE, JOHN M. TAYLOR and OTHERS v W. H. DENISON, FULLER McCALL and OTHERS
JOHN M. TAYLOR relinquished claim and interest he held in two tracts of land mentioned in this cause and the Court vested title of this property in JOHN H. FULLER and wife, ELIZABETH; PATRICK McCALL, CALVIN McCALL, JOHN McCALL. There were 184 acres in Civil District 11 and another tract in the same district in Henderson County.

89. March 30, 1880
REBECCA A. DODD v B. D. DODD
The Court had granted the complainant a divorce from the defendant, granting her the custody of their two children.

(224-225. October 1, 1880
REBECCA A. DODD v B. F. DODD
The interest that B. F. DODD had in a 30 acre tract of land in Civil District 7 of Henderson County, which was willed by ELLLIPHAT WILLIAMS to his daughter, REBECCA A. DODD was ordered vested in E. B. BURKET who had purchased it.)

 

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94-95. March 30, 1880
JACKSON SMITH and J. W. G. JONES v FXELINE E. SMITH and OTHERS
It appeared to the Court that JENNIE SMITH had married W. T. WATSON; DIXIE SMITH had married R. A. MUSGROVE; ADDIE SMITH had married H. M. WEBB. Their husbands were made parties to this cause.

(96-102. March 30, 1880
Further action in this cause revealed that JOHN SMITH died intestate /without a will/ in Henderson County in March 1876 leaving his widow, EMELINE SMITH and children, including J. F. SMITH. S. E. SMITH, one of them, had married J. T. BELL and three other daughters (noted above) had also been married. J. W. G. JONES and J. F. SMITH were administrators of JOHN SMITH's estate which had been declared insolvent; that there was little personalty that could be sold to settle the decedent's debts, there being about $3000 indebtedness in the estate. The Clerk and Master was ordered to sell land in the estate to settle these debts. "It will be necessary to sell a very large portion, if not all the real estate belonging to said estate for the purpose of paying debts."

188-189. September 29, 1880
On June 12, 1880 a part of SMITH acreage was sold to NATHAN C. ESSARY and W. H. DAVIS for $185 (acreage undisclosed). Title was divested from KEZIAH REYNOLDS, CALVIN REYNOLDS, ASSA A. DAVIS, J. C. DAVIS, COLUMBUS DAVIS, JAMES BRENT, JACOB BRENT, heirs of JACOB REYNOLDS and vested in ESSARY and DAVIS.

236-237. October 2, 1880
The Clerk and Master sold 183 acres in the SMITH estate to W. C. McHANEY for $300 and the title to the same land was vested in him.

313-314. April 1, 1881
The Court confirmed further sales of SMITH land sold on July 10, 1880. 148 acres sold to D. F. HUTTON for $150. No bids were cast for lots 3 and 4. Lot 5 was sold to SAMUEL HOWARD for $25. The grocery house and lot in Lexington were sold to JOHN A. ROACH for $300. The 183 acre tract was sold to McHANEY but was re-opened for bidding and D. W. KNOWLES bought it for $499.50 on March 7, 1881. Lot 3, 100 acres in Civil District 10, the so-called Widow BRITT land, was sold to SAMUEL HOWARD for $52; Lot 4, 100 acres, the so-called NORRIS HAND place, was sold to W. J. EVANS for $l07. These sales were confirmed by the Court.

1870, June 24, U.S. Census, Civil District 10, Henderson County, page 97:
JOHN SMITH, age 60, North Carolina; EMELINE SMITH, age 43, Tenn.; JORDEN SMITH, age 20, Tenn.; ROBERT L. SMITH, age 17, Tenn.; LICURGUS SMITH, age 15, Tenn.; JOSEPH T. SMITH, age 12, Tenn.; VIRGINIA F. SMITH, age 10, Tenn.; ADALINE SMITH, age 8, Tenn.; DIXIE SMITH, age 6, Tenn.; ELLA E. SMITH, age 4, Tenn.; HARRIETT SMITH, age 3, Tenn.; JOHN SMITH, age 1, Tenn.)

102-104. March 31, 1880
G. W. SHERROD and OTHERS, heirs of ANN SHERROD, dec. v DAVID CARY and OTHERS, heirs of FRANCIS CARY, dec. and JACKSON ANDERSON and O. P. WHITE, administrators and JOHN HOLMES, administrator of JESSE HOLMES, dec. v DAVID CARY, G. W. SHERROD and OTHERS, heirs of ANN SHERROD, dec. and SARAH JACKSON, WILLIAM HOLMES, heirs of JESSE HOLMES, dec.
It appeared to the Court that this cause should be revived "in the names of AMANDA SHERROD and ADALINE SHERROD, "now" ADALINE DAY (she having been adopted by JOHN H. DAY) and ELLEN TATE and her husband, J. M. TATE; they the said AMANDA and ADALINE being children of G. W. SHERROD and his heirs at law and ELLEN TATE his widow, now remarried "and stand in the same plight and condition as it was at the time of the death of the said G. W. SHERROD, decd." A. C. HENRY was appointed guardian of AMANDA and ADALINE as they were minors.

(155-160. April 2, 1880
The estate of JESSE HOLMES and the heirs of ANN SHERROD relinquished all claims to land in controversy provided the administrators of FRANCIS CARY, dec. pay to the estate of JESSE HOLMES $300 and title of 236 acres, the old SHERROD homestead in Civil District 19, bordering JOHN ANDERSON's land — bought by ANN SHERROD from the HENRY B. SHERROD estate, be divested out of all the other parties and vested in the heirs

 

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of FRANCIS CARY, dec. The CARY heirs had paid this $300. Their names were DAVID CARY, JINSEY TAYLOR, MARTHA JENNINGS, NANCY JANE PHILLIPS, MARY ANN PHILLIPS. PAYNE CARY, a son, was deceased and his children were D4ILY, WILLIAM, PAYNE, GEORGE AND LADORA CARY, and had his share. Another son, JOHN CARY, dec. had left children who took his part. A daughter of FRANCIS CARY, ELIZA CARY, dec. the wife of SAMUEL B. PHILLIPPS, whose heirs took her share.

1870, August 10, U.S. Census, Civil District 2, Henderson County, page 12:
GEORGE W. SHEROD, age 24, Tenn.; MARY C. SHEROD, age 21, Tenn.

GEORGE W. SHERROD is identified as the GEORGE WASHINGTON SHERROD, age 3, one of' the youngest children in the household of HENRY B. SHERROD, age 63, North Carolina and ANN SHERROD, age 47, North Carolina, in Civil District 1, Henderson County, in 1850 Census, page 116. These Sherrods lived on the west side of what is now Hopper Road near old Juno.

In the WEST TENNESSEE WHIG, Jackson, Tennessee, June 12, 1867, ANN SHERROD was given as the widow of HENRY B. SHERROD and among his heirs were GEORGE W. AND JOHN H. SHERROD and CYRENIA ANN CAREY.)

105-115. March 30, 1880
J. B. DUKE, administrator of WILLIAMSON KING v LOUISE KING, MARTHA ANN THOMAS and OTHERS and J. B. DUKE, administrator of WILLIAM JOHNSON, administrator v MARY A. MILISER, MARGARET F. HOTCH and OTHERS
It appeared to the Court that WILLIAMSON KING had died in Civil District 18, Henderson County and it was ordered that the Clerk and Master have his land surveyed and sold in lots.

(163-165. April 2, 1880
The Court allowed LEVI S. WOODS $325 for his services rendered (legal fee) the DUKE interest in this cause.

257-259. March 28, 1881
The Clerk and Master as special commissioner had sold land and personalty in this estate to the amount of $3275.95. Two tracts were not sold, being 50 and 189 acres.

358-360. September 29, 1881
The 50 and 189 acre tracts had been initially designated for the widow, LOUISE KING, but the Court ordered them sold.

486-490. April 4, 1882
On December 10, 1881 the Clerk and Master had sold the 50 acre tract to W. A. KING for $100 and the 189 acres as well to him for $56. Title to land vested in him.

1870, July 19, U.S. Census, Civil District 18, Henderson County, page 179:
WILLIAMSON KING, age 60, North Carolina; LOUISE KING, age 52, Tenn.; WILLIAM KING, age 19, Tenn.; WILLIAMSON KING, age 16, Tenn.; DOCTOR KING, age 11, Tenn.; SUSAN KING, age 8, Tenn.)

132-133. March 31, 1880
MOLLIE E. WILSON, MATTIE L. WILSON and OTHERS by next friend v E. J. TIMBERLAKE, guardian and OTHERS
It appeared to the Court that the petitioners except MOLLIE WILSON (who had died) were residents of Texas; that they had right to 70 acres of land in Henderson County and it was to their advantage that this acreage be sold. The Clerk and Master was ordered to sell the land.

139-144. April 1, 1880
SALLIE PEDDY and husband, ANDREW PEDDY and OTHERS v A. E. BRAY, POLK BRAY and OTHERS
It appeared to the Court that ELIZABETH BRAY died in her residence in Henderson County in September 1878 and she left six tracts of land, all adjoining, on Clarks Creek in Civil District 4 in Henderson County. She had been survived by her husband, ELIJAH BRAY and children, SALLY wife of ANDREW PEDDY; AMANDA PRICE wife of JAMES PRICE; A. E. BRAY; SAM BRAY and G. B. BRAY. A son, WILLIAM BRAY, died in 1879 leaving his widow,

 

(Page 60)

ADALINE BRAY and children MAGGIE and JAMES BRAY SPOLK BRAY had sold his interest to JOHN M. TAYLOR. A. E. BRAY had sold his interest to ELLEN and MOLLIE BRAY. The Court ordered the six tracts of land sold for the benefit of the heirs.

(211-215. October 1, 1880
On July 17, 1880 the BRAY land was sold at the residence of ELIJAH BRAY, widower of ELIZABETH BRAY in Civil District 4, Henderson County. 81 acres sold to J. M. TAYLOR for 100; 68 acres sold to J. M. TAYLOR for $200; 145 acres sold to J. M. TAYLOR f'or $100; 112 acres sold to J. M. TAYLOR for $l00; the other acreage, 321 acres, designated as the "old homestead" found no bidders. The heirs believed that better bids could be obtained for the land and the Court ordered a re-bidding of the tracts.

1870, August 13, U. S. Census, Civil District 4, Henderson County, page 32:
ELIJAH BRAY, age 59, North Carolina; ELIZABETH BRAY, age 55, North Carolina; ALSON E. BRAY, age 35, North Carolina; AMANDA BRAY, age 20, Tenn.; RHODA E. BRAY, age 18, Tenn.; MARY BRAY, age 14, Tenn.; GEORGE P. BRAY, age 16, Tenn.)

145-146. April 1, 1880
CHARLES HARMON v JANE HARMON
The Court granted the complainant a divorce from his former wife, JANE HARMON (no particular details given).

160-162. April 2, 1880
E. F. /Elijah Franklin/ BOSWELL, executor of HENRY LASSITER v ELIZA LASSITER and OTHERS
Under the order of' the Court the Clerk and Master had, on December 13, 1879, sold several tracts of land mentioned in this cause: 76 acre Perryman tract to E. J. TIMBERLAKE for $40; 40 acre R. C. FULLER tract to E. J. TIMBERLAKE for $60.25; 130 acre CARNAL tract to SAMUEL HOWARD for $475; 175 acre BOLTON tract to C. C. WILSON for $111; 50 acre RHODES tract to E. J. TIMBERLAKE for $75.30; 80 acre GRAVES tract to T. J. GRAVES for $52. E. F.. BOSWELL had bid $500 for the 210 acre BEATY tract. He "stated that as executor of said estate of HENRY LASSITER decd. and being closely related to his widow & children, he desired that all of the real estate belonging to said estate should sell for the highest price possible and stated no one has raised his said bid" and that he wanted the Court to annul all the December 1879 sales and his own bid and re-open the bids which the Court granted to be done in September 1880.

(203. September 29, 1880
The town lot in Hollow Rock, Carroll County, Tennessee had been sold to D. M. BUTLER for $20; 118 acres in Civil District 15, Carroll County had been sold to Dr. HANCE LASSITER for $200. A lot in Brownsville, Tennessee was sold to ROSETTE OLDHAM for $126. On September 18, 1880 these tracts were sold:
76 acre PERRYMAN tract to E. J. TIMBERLAKE for $130
130 acre CARNAL tract to A. A. RHODES for $605
40 acre FULLER tract to E. F. BOSWELL for $60.50
210 acre BEATY tract to T. A. WHITE for $551
50 acre RHODES tract to I. H. RHODES for $100
80 acre GRAVES tract to T. J. GRAVES for $160.
The Court confirmed all these sales.

1870, June 20, U.S. Census, Civil District 10, Henderson County, page 91:
HENRY LASSITER, age 40, Tenn.; ELIZA LASSITER, age 30, Tenn.; NEWTON H. LASSITER, age 9, Tenn.; ROBERT E. LASSITER, age 3, Tenn.)

162-163. April 2, 1880
TENNESSEE McHANEY v JOSEPH McHANEY
It appeared to the Court that TENNESSEE and JOSEPH McHANEY were married in Henderson County in the year 1875 and had lived as husband and wife until January 1877 when JOSEPH had deserted his wife. She filed for divorce which the Court granted.

 

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172-175. September 28, 1880
ABNER LAWLER, trustee of SARAH STRICKLAND. Ex Parte.
It appeared to the Court that $1928.91 was to be divided among the heirs of SARAH STRICKLAND, each receiving $642.97. These were fund due her from the estate of her own father, THOMAS BEAL. Her heirs were S. B. STRICKLAND, Hunt County, Texas; W. H. STRICKLAND, Hunt County, Texas; WINSHIP STRICKLAND who was deceased and his children were JOHN F. STRICKLAND (Hunt County, Texas); ISAAC T. STRICKLAND, Hunt County, Texas; M. L., wife of P. D. STRICKLAND, Fannin County, Texas; ELIZABETH BROWN, present whereabouts unknown. Each were awarded his/her share "under the will of their Grandfather THOMAS BEAL, dec. " Each of WINSHIP's heirs received $160.74.

(434-436. March 28, 1882
All the Strickland heirs had received their portions from the estate, including SARAH (called ELIZABETH initially) BROWN and her husband, SILVANUS BROWN of Christian County, Missouri.)

180-182. September 29, 1880
DAVID ALTOM v MARTIN L. DAVIS, JOHN G. DAVIS, ARCHIBALD T. DAVIS, MARTHA E. GENTLE and husband, ELLIS T. GENTLE, DAVID F. BENTON, JOSEPHINE E. SLAWSON, NANCY F. PURDY, BENTON ALLEN, NICHOLAS ALLEN, JOSEPH SLACK ALLEN, MARY JANE JOHNSON and husband, WILLIAM H. JOHNSON, JAMES M. BENTON, HENRIETTA J. BENTON
200 acres located in Civil District 15 of Henderson County belonging to the late DAVID DAVIS was sold to DAVID ALTOM for $950. It had been granted (#12304) to DAVID DAVIS by the State of Tennessee on July 1, 1841. Title was divested from the several DAVIS heirs and vested in DAVID ALTOM.

182-184. September 29, 1880
MILTON B. BARTHOLOMEW, Z. T. BARTHOLOMEW, T. J. ROBERTSON v W. W. BARTHOLOMEW, JACOB BARTHOLOMEW; MARTHA FOOTE and husband, J. L. POOTE, GROGAN D. BARTHOLOMEW, ELIZABETH A. HODGES and husband, W. B. HODGES; KARY ELIZABETH BARTHOLOMEW; SARAH YOUNGER and husband, JAMES YOUNGER, R. W. BARTHOLOMEW and the heirs of CHARLES L. BARTHOLOMEW
On September 27, 1880 the Clerk and Master had sold 197.5 acres on Beech River, Henderson Couuity, to LEVI WOODS for $75. It had been granted by the State of Tennessee to ELIZABETH BARTHOLOMEW on November 10, 1819; grant #92114. Title was divested from BARTHOLOMEW heirs and vested in LEVI S. WOODS.

249-250. October 2, 1880
JOHN W. LARUE v J. H. LARUE, E. M. HILL, S. A. SMITH and OTHERS
About twelve years ago HARDEN B. LARUE died intestate /without a will/ and JOHN W. LARUE was appointed administrator of his estate. F. M. AUSTIN was later appointed administrator, who filed his final settlement report with the County Court Clerk of Henderson County on January 8, 1880. It appeared to the Court that H. B. LARUE owed J. W. LARUE $661.53 of which AUSTIN had paid him $193.75 out of the estate with the remainder, $467.78, owing. H. B. LARUE left a widow and children who lived on his 100 acre tract of land on Flat Creek in Civil District 14, Henderson County. The Court ordered the Clerk and Master to sell this land so settle the debt due J. W. LARUE.

(266-267. March 29, 1881
The 100 acre tract in this cause was sold on November 18, 1880 to JOHN W. LARUE for $240. Title was vested in him.)

283-284. March 31, 1881
MARY A. McCORMACK v ALEXANDER McCORMACK
The Court granted the complainant a divorce from the defendant. Their children, CAROLINE J., age 19; JOHN A., age 17; MARGARET L., age 15; GEORGE S., age 12; LUCY A., age 9, were allowed to decide with which parent they would reside.

 

(Page 62)

302-303. April 1, 1881
ADAM W. HARMON and OTHERS v GEORGE ANN and PAT MONDINE and OTHERS"
C. G. and JOHN H. ANDREWS, two of the original petitioners in this cause had died since the suit was begun. C. G. ANDREWS left children BLOUNT ANDREWS and LEILIZA J. ANDREWS, both minors. JOHN H. ANDREWS left children JAMES ANDREWS, WILLIAM ANDREWS, JOHN ANDREWS and LAURA ANDREWS, all minors. E. J. TIMBERLAKE was appolinted guardian of the ANDREWS minors.

(This cause dealt with the settlement of the late CATHERINE A. POOL's estate. The former Clerk and Master, J. W. G. JONES, had already gathered the assets of this estate ($6834.78) and disbursed money to the heirs and lawyers, by the time the cause was first mentioned in Chancery Minute Book 7, pages 51-52 (March 1880).

Major JOHN HARMON (July 15, 1780-October 3, 1851), a native of North Carolina, had married ELIZABETH BAKER (July 1, 1776-July 10, 1855), moved to Montgomery County, Tennessee from which he and family moved some time in 1819 to what became Henderson County, among the county's first settlers. He was a prominent farmer. He is often cited as the JOHN HARMON who was an early surveyor of this county but it was JOHN TROXEL HARMON (1791-1864), a contemporary, who served in this capacity as explained in GENEALOGICAL ASIDES FROM SEVERAL WEST TENNESSEE SUPREME COURT CASES, 1830s by Jonathan K. T. Smith, 1997.

The children of Major JOHN and ELIZABETH HARMON were: JOHN G. HARMON; FREDONIA M., wife of A. W. HICKS; SALLIE HARMON (1810-1865), wife of GRAY B. ANDREWS; CATHERINE A. HARMON (August 18, 1812-July 2, 1874), wife of GEORGE W. POOL (1802-1871) - her estate being the subject of this cause in Chancery; ELIZA HARMON (1814-1874), wife of Dr. JOHN WEST (1810-1883); ADAM W. HARMON (1816-1880); CLARK M. HARMON (1817-1901); MARY T. HARMON (1819-1867), wife of WILLIAM HARVEY CLARK; ADALINE A. HARMON (1820-1889), wife of Dr. WILLIAM H. WARREN; ARABELLA HARMON (1822-1885) who never married. (These heirs were listed in Henderson County Deed Book P, pages 174-175 when they sold two tracts of land as heirs of the estate of JOHN HARMON to W. R. RINGOLD in December 1853.)

The vital statistics cited herein for Major JOHN HARMON, his wife and several of their children are taken from their tombstones in the HARMON family graveyard a few miles north of Lexington. Major HARMON's birth year is variously given in sources but the 1780 date given here is based on the age inscribed on his tombstone.

The ANDREWS connection mentioned in this cause is expanded upon in the biographical sketch of Dr. ADOLPHUS GRAY ANDREWS (July 30, 1833-August 16, 1914) in Weston A. Goodspeed's HISTORY OF TENNESSEE (Madison County), 1887, page 839:

.

 

Adolphus G. Andrews, M.D., was born in Henderson County, Tenn., in 1833, and is the son of Gray B. and Sallie (Harmon) Andrews. The father was born in North Carolina in 1797, and came to Tennessee with his parents when eight years old. He was a carpenter in his early life, his latter days being spent on the farm; he died in Henderson County in 1879. The mother of our subject was born in Montgomery County, Tenn., in 1810, and was the mother of thirteen children -two daughters and eleven sons. She died in 1865. The grandfather of our subject, Athelston Andrews, was born in North Carolina in 1761, and came to Tennessee in 1805; he was reared on the sea by a sea captain; at the age of fourteen he volunteered in the Revolutionary war; his wife was Polly (Jones) Hill, of North Carolina, and became the mother of eight children. Her first husband, Mr. Hill, was killed by a runaway negro. The grandparents died in 1839 and 1842, respectively. The maternal grandfather, John Harmon, was a native of North Carolina, born in 1770 and died in 1851. His wife was Elizabeth Baker, of South Carolina. Our subject was reared on a farm, remaining until 1861, when he enlisted in Company H, Twenty-seventh Tennessee Regiment (Confederate), and remained until the close of the war. He was wounded and was rendered unfit for duty for nine months. He joined N. B. Forrest's cavalry in 1862, and was with him at the close of the war. He read medicine before the war, and two years after the war was spent in reading medicine and farming. He attended the University of Louisville in 1868-69 and 1869-70 graduating in the latter year. He then located in Decatur County and practiced three years, then went to Henderson County and practiced until 1880, when he moved to Madison County, and in 1881 located at Spring Creek, and has done a large practice up to the present time. In 1865 he married Miss Mary E. Williams, daughter of Dr. D. H. and Susan Williams. She was born in Henderson County July 9, 1840, and is the mother of nine children - three daughters and six sons - two sons are dead. He and wife are members of the Missionary Baptist Church; he has been a member of the Masonic Order for twenty-nine years, and is strictly Democratic in politics.

 

(Page 63)

The ATHELSTAR ANDREWS mentioned in this sketch successfully applied in August 1832 for a federal pension based on his Revolutionary War services. This application, S16204s on microfilm in the genealogy department of the main library in Memphis, Tennessee. It reveals that ANDREWS was born in Northampton County, North Carolina, January 25, 1761; was left an orphan at age 12; had lived in Granville County, North Carolina, Williamson, Wilson and Smith counties in Tennessee before moving to Henderson County in 1824. He had rendered faithful service to the American, struggle for political independence.

GRAY BLOUNT ANDREWS, age 52, North Carolina, is listed with his family in the U.S. Census, 1850, December 5, Civil District 17, Henderson County, page 229: SARAH ANDREWS, age 40, Tenn.; CHURCHWELL ANDREWS, age 21, Tenn.; BELZONI ANDREWS, age 20, Tenn.; ADOLPHUS ANDREWS, age 17, Tenn.; ADAM ANDREWS, age 14, Tenn.; MARY E. ANDREWS, age 11, Tenn.; ALBERT ANDREWS, age 9, Tenn.; GEORGE ANDREWS, age 6, Tenn.; WILLIAM ANDREWS, age 5, Tenn.; FREDONIA ANDREWS, age 2, Tenn. (The son, JOHN H. ANDREWS, born about 1832, is missing in this list. He was living next to his brother, BELZONI and another brother, Dr. CHURCH G. ANDREWS in Civil District 7, Decatur County, Tenn., 1870 U.S.. Census, July 27. He was given as a commission merchant.)

Tombstones in the HARMON graveyard record these names and dates: GRAY BLOUNT ANDREWS (April 1, 1797-July 5, 1879): SALLY, wife of G. B. ANDREWS (November 1, 1810-October 1, 1865); DOREMUS ANDREWS (1835-1836), their son; BELZON F. ANDREWS (1830-1887), their son; LAFAYETTE ANDREWS (b and d 1843), their son; ALBERT B. ANDREWS (1841-1862), their son; MARY TAYLOR (1839-1865), their daughter and first wife of THOMAS L. TAYLOR; MARTHA FREDONIA TAYLOR (1848-1874), their daughter and second wife of THOMAS L. TAYLOR.)

305. April 1, 1881
SARAH E. WILLIAMSON v WILLIAM WILLIAMSON
ft appeared to the Court that this couple were married in Henderson County but in December 1877 he deserted her. The Court granted her a divorce and the right to resume use of her maiden name, PETERSON.

307-308. April 1, 1881
JANE CLARK v JOHN CLARK
It appeared to the Court that this couple were married in Henderson County in January 1874 but about July 25, 1874 he deserted her. (Her maiden name was GAWF.) She had raised their only child, MOLLIE R. CLARK, born about six months after she had been abandoned. The Court granted her a divorce and custody of the child.

308-309. April 1, 1881
ABE HOWARD v MALINDA HOWARD
The Court granted the complainant a divorce from the defendant (no details given).

346. September 28, 1881
CORA DIFFEE and WILLIAM DIFFEE v ALLEN J. THREADGILL and OTHERS
It appeared to the Court that JOHN PARSONS had died since the sale of the lands mentioned in this cause. He left children, J. F. PARSONS and M. B. DIFFEE who married CLARK DIFFEE and grandchildren, FLORENCE TAYLOR, BRIKE THOMAS, MILTON THOMAS and NOAH THOMAS; the last three being minors.. They were made parties to this suit.

(361-362. September 30, 1881
The three tracts of land mentioned in this cause, 150, 81 and 149 acre tracts, were sold to A. W. STOUT for $225. Title to the land was vested in him.

Dr. JOHN PARSONS lived for many years in Decatur County, Tennessee but appears in the 1870, August 8, U.S. Census, Civil District 2, Henderson County, page 7:
JOHN PARSONS, age 64, North Carolina; MARY A. PARSONS, age 46, North Carolina; JOHN F. PARSONS, age 17, Tenn. Weston A. Goodspeed's HISTORY OF TENNESSEE (Henderson County), 1887, page 845, lists MARY B. PARSONS, daughter of Dr. JOHN PARSONS, who married CLARK DIFFEE, August 29, 1867. Both are buried in the old Hepzibah Cemetery: CLARK DIFFEE (1832-1911) and MARY DIFFEE (1848-1885).

 

(Page 64)

356. September 29, 1881
LUCY BUCKLEY v BENJAMIN F. BUCKLEY
It appeared to the Court that this couple were married in Henderson County on October 19, 1879 and had lived as man and wife until January 2, 1880 when he deserted her. The Court granted her a divorce and the right to resume use of her maiden name, COBB.

357. September 29, 1881
MARY EDGAR v J. R. EDGAR
It appeared to the Court that the defendant had failed to support the complainant, his wife, and their children (two daughters). The Court granted her a divorce and custody of their children.

381-382. October 1, 1881
LUKE CHRISTOPHER v ALICE CHRISTOPHER, both colored
It appeared to the Court that about nine years ago this couple were married in Henderson County but she had deserted him and had two children outside of their marriage, having had one child together, LEMMIE, about six years old. The Court granted him a divorce and custody of their child.

400-404. October 5, 1881
MARCUS H. HAMLE'I'T, D. HAMLE'IT and OTHERS v DAVID P. HAMLETT, MARY A. BROWNING and OTHERS
It appeared to the Court that JAMES HAMLETT, the "ancestor" of the complainants and defendants, died in Henderson County in 1848 or 1849. The procedures attendant on his estate had "long since been wound up and distributed" except for a 154 acre tract in Civil District 2 of Henderson County. This tract had been devised in HAMLETT's last will to his widow, MARTHA HAMLETT, which farm had been "used and cultivated by her up to about three years since the date of her death."

"The Court is of the opinion and so decrees that the said MARTHA HAMLETT the widow of the said JAMES HAMLETT took only a life estate in this cause above described and by virtue of said seventh clause of said will, LOUISE J. HART, ELVIRA B. HAMLETT, SARAH E. HAMLETT, MARY A. HAMLE'TT, AMANDA C. HAMLETT, DAVID P. HAMLETT, MARCUS H. HAMLETT, MARTHA HAMLETT, LAFAYETTE HAMLETT, VAN BUREN HAMLETT took vested remainder interest in said land, each taking an undivided one tenth interest therein. It further appearing to the Court that the said LOUISE J. HART, named in said seventh clause of said will is dead and complainant TRUE Hart and defendant MARY E. YOUNG, MARGARET E. YOUNG, SERENA T. YOUNG and JOHN D. W. YOUNG are the only heirs of MARTHA YOUNG who was a daughter of the said LOUISE J. HART and LOUISE F. STEWART, MARTHA V. STEWARD, VICTELLER C. STEWARD and ELI STEWARD are the only children and only heirs at law of MARY I. STEWARD who was a daughter of the said LOUISE J. HART.

And the Court is of the opinion that the above named heirs now own a one tenth undivided interest in said tract of land above described. The Court is of the opinion and decrees that complainants THOMAS J. PHELPS and WILLIAM A. PHELPS being the only heirs at law of ELVIRA B. HAMLETT named in said seventh clause of said will are the owner of one undivided tenth interest in said land. The Court is further of the opinion and so decrees that the complainants JAMES FRANCIS HAMLETT, defendant AMANDA M. FESMIRE and defendant JENNIE MARTIN being the only children and heirs at law of SARAH E. HAMLETT named in the seventh clause of said will are the owners of one undivided one tenth interest in said land above described.

The Court is further of the opinion and so decrees that the defendants MARY E. BROWNING being the same person MARY A. HAMLETT named in the seventh clause of said will is the owner of one undivided tenth interest in said land above described. The Court is further of the opinion and so decrees that the defendant DAVID P. HAMLETT being the DAVID P. HAMLETT named in the seventh clause of said will is the owner of an undivided one tenth interest in said land.

It appearing to the Court that since the commencement of this cause the complainant MARCUS H. HAMLETT named in the seventh clause of said will has died and left surviving him his widow MARY A. HAMLETT and JAMES M. HAMLETT and ARCHY HAMLETI' is his only heirs at law the Court doth decree that the said JAMES M. HAMLETT and ARCHY HAMLE'IT are the owners of an undivided tenth interest in said tract of land.

 

(Page 65)

It further appearing to the Court that the other four divisees named in said seventh clause of said will, to wit, MARTHA A. HAMLETT, LAFAYETTE HAMLETT, AMANDA C. HAMLE'IT who afterwards married defendant B. J. TEAGUE and VAN BUREN HAMLETT died after the death of their father the testator JAMES HAMLE'IT and before the death of the widow MARTHA HAMLETT and all of them died intestate /without wills/ and without issue surviving them the Court is of the opinion and so decrees that the four undivided shares — being four tenths — owned by them in remainder in said tract of land above described descended to and was inherited upon their death by their brothers and sisters of the whole and half blood alike and the heirs of such as were dead said four undivided interets in said tract of land is now owned by the complainants and defendants as follows:

Heirs of RICHARD T. W. HAMLFUT a 1/12 undivided interest;
Heirs of REBECCA B. ANDERSON a 1/12 undivided interest;
Heirs of MARIAH A. PHELPS a 1/12 undivided interest;
ROBERT H. HAMLFTT a 1/12 undivided interest;
Heirs of JAMES L. HAMLETT a 1/12 undivided interest;
STEPHEN D. HAMLETT a 1/12 undivided interest;
Heirs of LOUISE J. HART a 1/12 undivided interest;
Heirs of ELVIRA B. HAMLETT a 1/12 undivided interest;
Heirs of SARAH E. HAMLETT a 1/12 undivided interest;
MARY A. HAMLETT BROWNING a 1/12 undivided interest;
DAVID P. HAMWTT a 1/12 undivided interest;
Heirs of MARCUS H. HAMLETTT a 1/12 undivided interest.

Of the 154 acres in this cause about 100 acres were cleared, lying uncultivated for years, of clay soil with no fence around it and "grown up in seige grass"; about 15 acres cleared and fenced but only half of it fit for cultivation. The balance of the tract was "tolerably well timbered. " "There is not water on the tract of land, no creek, spring nor well. "No out-house except an old stable." For these reasons it appeared to the Court that the 154 acre tract could not be suitably divided among the numerous heirs and ordered the Clerk and Master to sell it and the proceeds thereof to be disbursed among the heirs.

(443-445. March 28, 1882
The 154 acre tract in this cause was sold to JAMES M. HAMLETT for $310. Title in it was vested in him and divested from the other heirs.)

412-414. October 6, 1881
S. B. LINDSEY v JOHN P. LINDSEY
It appeared to the Court that a tract of land belonging to SHEROD LINDSEY, dec., father of JOHN P. LINDSEY, and the latter was entitled to the proceeds of the sale of the same.

473-476. April 1, 1882
DORCAS JANE RHODES, J. W. BLAKELEY and OTHERS. Ex Parte.
It appeared to the Court that SAMUEL RHODES died in Henderson County in April 1879. He lived in Civil District 14, Henderson County. He left a widow, DORCAS JANE RHODES and five children, B. L. RHODES, age 12; W. H. RHODES, age 9; J. W. RHODES, age 7; E. R. RHODES, age 5; J. L. RHODES, age 3. The decedent had owned an 82 acre tract of land and it was agreed that it was not feasible to divide this tract among the heirs so that the Court ordered the Clerk and Master to sell it for the benefit of the heirs.

(559-561. September 29, 1882
80 acres in Civil District 14, Henderson County, formerly belonging to SAMUEL RHODES, was sold to J. W. RHODES for $400. J. W. BLAKELEY was due $57.99 that had not been paid on the land and for paying taxes on the place.

1880, June 18, U.S. Census, Civil District 14, page 445:
DARCUS J. RHODES, age 27, Tenn.; AMANDA J. RHODES, age 10, Tenn.; WILLIAM H. RHODES, age 9, Tenn.; JOHN W. RHODES, age 7, Tenn.; MARY E. A. RHODES, age 5, Tenn.; JAMES L. RHODES, age 2, Tenn.)

 

(Page 66)

476.
DOVEY FRY v IKE FRY, both colored
It appeared to the Court that this couple were married in Henderson County in January 1878; about May 1880 he had deserted his wife. The Court granted her a divorce and the right to resume use of her maiden name, MEADOWS.

476-477. April 1, 1882
J. D. ARNOLD v MANDY L. ARNOLD, both colored
It appeared to the Court that this couple were married in Henderson County on November 11, 1877 and that she had deserted him on April 20, 1878. The Court granted him a divorce.

544. September 28, 1882
MARY ARNOLD, colored v WILLIS ARNOLD
MARY ARNOLD was now deceased. Her only children and heirs at law were SALLIE who married HENRY MUSE; VILLIE who married NEAL COFFY: LIZZIE BEAVER: SAM BEAVER: MILLIE BEAVER.

548. September 28, 1882
MARY A. McCORMIC v FRANKLIN McCORMIC
It appeared to the Court that there were justifiable reasons to grant her a divorce from the defendant; she was also granted custody of their children JAMES PERRY McCORMIC and IDA BELL McCORMIC and she was allowed alimony.

555-557. September 29, 1882
S. R. PHILLIPS and OTHERS v RECIE PHILLIPS and OTHERS
It appeared to the Court that JOEL and MILDRED R. PHILLIPS had died owning 108 acres of land in Civil Districts 6-7 of Henderson County; owned jointly. JOEL P. PHILLIPS deeded his interest in about 15 acres to his sons, W. J. and S. R. PHILLIPS. S. R. PHILLIPS, REBECCA J. TIMBERLAKE, JEANETTE BELL, TENNESSEE BARGER, SAMUEL PHILLIPS, DARTHULA PHILLIPS and RECIE PHILLIPS were the heirs of JOEL and MILDRED PHILLIPS and were entitled to equal shares in the 1/2 interest of MILDRED R. PHILLIPS. The Clerk and Master was ordered to sell the land in this cause.
(See Chancery Minute Book 8, pages 11-13.)

(1870, July 5, U.S. Census, Civil District 7, Henderson County, page 57:
JOEL PHILLIPS, age 55, North Carolina; MILDRED H. PHILLIPS, age 54, Tenn.; GENETTA PHILLIPS, age 21, Tenn.; TENNESSEE PHILLIPS, age 20, Tenn.; FRANCIS PHILLIPS, age 18, Tenn.; SAMUEL PHILLIPS, age 17, Tenn.; DARTHULLA PHILLIPS, age 12, Tenn.; MILDRED PHILLIPS, age 4, Tenn.)

 

HENDERSON COUNTY CHANCERY COURT
MINUTE BOOK EIGHT, 1883-1886

2-8. March 26, 1883
MARCUS A. HAMLETT, STEPHEN D. HAMLETT and OTHERS v DAVID P. HAMLETT, MARY A. BROWNING and OTHERS

It appeared to the Court that JAMES M. HAMLETT was the purchaser of the land in this cause. The purchased money was $310 which when divided among the numerous heirs left each with a small legacy. These heirs were:
LOUISE J. HART, one of the children of JAMES HAMLETT, dec. was deceased and left two sons, TRUE and STEPHEN D. HART. A daughter, MARTHA HART YOUNG, was deceased and left children, MARY E. YOUNG, MARGARET E. YOUNG, SERENA T. YOUNG, JOHN D. W. YOUNG. Another daughter, MARY E. HART STEWART was deceased and left children, LOUISA F. STEWART, MARTHA V. STEWART, VIOLETTA C. STEWART, ELI STEWART.
ELVIRA B. PHELPS, dec. was a daughter of JAMES HAMLETT, dec. and left children, THOMAS J. PHELPS and WILLIAM A. PHELPS.
SARAH E. CUNNINGHAM, dec. was a daughter of JAMES HAMLETT, dec. and left children, JANE FESMIRE, AMANDA FESMIRE, HENRIETTA SCOTT, JENNIE MARTIN.
MARY A. BROWNING was a daughter of JAMES HAMLETT, dec. and was living.
DAVID P. HAMLETT was a son of JAMES HANLETT, dec. and was living.
MARCUS A. HAMLETT, dec. was a son of JAMES HAMLETT, dec. and left children, JAMES M. HAMLETT, ARCHY HAMLETT.
Four other children of JAMES HAMLETT, dec., MARTHA A. HAMLETT, LAFAYETTE HAMLETT, VAN BUREN HAMLETT and AMANDA HAMLETT, wife of B. J. TEAGUE, died without leaving children.

 

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RICHARD F. HAMLETT, dec. was a son of JAMES HAMLETT, dec. and left children, JAMES N. HAMLETT, WILLIAM B. HAMLETT, JOHN HAMLETT, ROBERT HAMLETT, HENRY HAMLETY, COLUMBUS HAMLETT, ELIZABETH HAMLETT.
MARY BRADFORD, dec. was a daughter of RICHARD F. HAMLETT and left children, JACKSON BRADFORD, WILEY BRADFORD, FLORINDA BRADFORD, AUGUSTUS BRADFORD, JOHNATHAN BRADFORD, HARRY BRADFORD, ELLA BRADFORD, MATILDA BRADFORD and LEONUS BRADFORD.
REBECCA ARDERSON, dec. was a daughter of JAMES HAMLETT and left children, SARAH B. STATEN; NANCY BRADFORD, dec. who left children, EMELINE SELLARS, MARTHA J. MARTIN, LAURA BRADFORD and JORDAN BRADFORD.
STEPHEN D. HAMLETT was a son of JAMES HAMLETT, dec. and was still living.
ROBERT H. HAMLETT was a son of JAMES HAMLETT, dec. and was still living.
MARIAR A. PHELPS, dec. was a daughter of JAMES HAMLETT, dec. and left children, MARY A. PHELPS, AMANDA PHELPS, J. L. PHELPS, MILLIE PHELPS, NANCY BIRD, MARIAH PHELPS, dec. had a son, JOHN PETTY, dec. who left children, TUCKER PETTY and JAMES PETTY.
JAMES L. HAMLETT, dec. was a son of JAMES HAMLETT, dec. and left children, MARGARET KEY, J. M. HAMLETT, T. B. HAMLETT, MARTHA BARNES, W. H. HAMLETT, ELIZA HAMLETT, MELVINA HAMLETT and GEORGE HAMLETT.

(1850, September 5, U.S. Census, Civil District 2, Henderson County, page 120:
MARTHA HAMLETT, age. 46, North Carolina; SARAH HAMLETT, age 21, Tenn.; MARY HAMLETr, age 21, Tenn.; AMANDA HAMLETT, age 19, Tenn.; DAVID HAMLETT, age 17, Tenn.; MARCUS HAMLETT, age 9, Tenn.; VAN BUREN HAMLETT, age 7, Tenn. This does not take into account JAMES HAMLETT's older set of children by a former marriage, one of whom, JAMES L. HAMLETT, age 31, was living next door to his stepmother.)

8-11. March 27, 1883
MARGARET MEALS v W. H. MEALS and OTHERS and W. H. MEALS and OTHERS v ISAAC COFFMAN
The Court decreed that the amount of money, $1180, was to be divided among the WILLIAM MEALS heirs at law:
JACKSON MEALS, dec. $252.84 (his portion to children, P. C. and J. A. MEALS, each $126.42;
ADISON MEALS $252.84;
ALEXANDER MEALS, dec. $252.84 (his portion to his son, D. H. MEALS);
NANCY MEALS COFFMAN, wife of ISAAC COFFMAN $56.18
FRANCIS A. MEALS BARR, wife of F. C. BARR $56.18;
MARY ANN MEALS LISSENBY, wife of JAMES LISSENBY $36.18
MILES and SAMUEL MEALS were deceased and their shares were divided among the other heirs.

(1850, October, U.S. Census, Civil District 8, Henderson County, page 167:
WILLIAM MEALS, age 50, Tenn.; SUSANNA MEALS, age 52, Tenn.; ALEXANDER MEALS, age 27, Alabama; WILLIAM MEALS, age 20, Tenn.; ADDISON MEALS, age 15, Tenn.; MILES MEALS, age 12, Tenn.; FRANCES A. MEALS, age 11, Tenn.; SAMUEL MEALS, age 8, Tenn. Living nearby was JACKSON MEALS, age 24, Alabama, with his family.)

11-13. March 27, 1883
S. R. PHILLIPS, SAMUEL PHILLIPS and OTHERS v RECIE PHILLIPS
It appeared to the Court that on October 18, 1882 the Clerk and Master had sold to J. N. TIMBERLAKE 108 acres in Civil District 7, Henderson County, for $600. Timberlake was "also an heir in said estate by marriage"; he was guardian of MALINDA R. PHILLIPS and he accepted for her, from the Clerk and Master, $123.64. Title was divested from GENITTIE (Jeanette) BELL and husband, JOHN H. BELL, ALICE BARGER and husband, HUGH BARGER, S. R. PHILLIPS, DATCHULIE (Darthula) PHILLIPS, SAMUEL PHILLIPS and REBECCA J. TIMBERLAKE and husband, J. N. TIMBERLAKE as heirs of JOEL PHILLIPS and vested in J. N. TIMBERLAKE.

14-15. March 28, 1883
DAVID ALTOM v MARTIN L. DAVIS and OTHERS
As DAVID and HENRIETTA J. BENTON were the children of MARTHA BENTON and entitled to 1/5 of net proceeds of fund arising from the sale of land in this cause. W. W. WILSON, their guardian, was appointed to accept these funds for them.

 

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15-17. March 28, 1883
J. D. COZORT and OTHERS v EMMA E. MILAM, MILTON BRITT and OTHERS
It appeared to the Court that MILTON BRITT had paid all the purchase money for the land offered in this cause, that which was formerly owned by JOSEPH BRITT, dec. Due the heirs was $1555 or $172.77 to each of the nine original shares: EMMA E. WILSON, MILTON BRITT, DORA BRITT, KATIE BRITT, DIANNA BRITT, IDA BRITT, FRANCIS COZORT, dec. (her children, L. H. COZORT, EMMA COZORT), LOUISE BRITT TILSON, dec. (her children, MARY J. SCOTT and SARAH E. TILSON), JOHNSON BRITT, dec. (his children, SARAH E. WATSON, JAMES N. BRITT, W. R. BRITT).

(1870, June 30, U. S. Census, Civil District 17, Henderson County, page 172: JOHN D. COZORT, age 33, Tenn.; MARY F. COZORT, age 28, Tenn.; L. H. COZORT, age 11, Tenn.; LOU COZORT, age 5, Tenn.; EMMA MILAM, age 22, Tenn.; LOU F. MILAM, age 8 months, Tenn.)

23-25. March 28, 1883
R. R. TAYLOR v FRANCIS TAYLOR and OTHERS
It appeared to the Court that J. H. BARKER had bought 95.5 acres known as the J. W. TAYLOR land but had transferred his bid to E. S. STEGALL in January 1883 and as STEGALL had paid all the purchase money ($160) for the land, title to it was vested in him.

37-38. March 28, 1883
J. M. SOMERS /Summers/, administrator of GEORGE N. THOMPSON, dec. v JAMES MEADOWS
On December 1~, l882 FRANK SMITH had bought the land in this cause for $55; title to the same was thereby vested in him.

39-40. March 28, 1883
J. B. DUKE, administrator and W. M. KING v LOUISA KING and OTHERS
W. A. KING had bought tract 10, 189 acres, in this cause and title to it was vested in him.

55-56. March 30, 1883
MARY JANE PEARCE v JOSEPH H. PEARCE
It appeared to the Court that this couple were married in Henderson County in the year 1870 but two years ago he deserted her and their five children. The Court granted her a divorce and custody of the children but J. H. PEARCE was allowed visitation rights with the children at "reasonable times."

62-69. March 28, 1883
ROBERT W. HALL v J. B. HINSON, JAMES M. SMITH and OTHERS
It appeared to the Court that about the year 186_/left blank/, ROBERT W. HALL had sold to J. B. HINSON and C. F. HINSON (now deceased), 507.5 acres in Civil District 10, Hender son County. From this tract were lots: 273 acres; 25 acres on Wolf Creek where the Lexington-Mifflin Road crosses said creek; 45 acres; 32 acres; 1/2 acre; 132 acres, the Mineral Springs tract. The HINSONs paid $3854.37 for this land and they paid most of the purchase money and Hall made a deed to the real property to them on June 1, 1874 (Deed Book 2, pages 487-488). The HINSONs became indebted to JAMES M. SMITH for $381.10 and in October 1876 their land was ordered sold to pay this debt. The Henderson County Sheriff had sold the land to JAMES M. SMITH on January 13, 1877 for $910.21 and SMITH claimed ownership thereby. On September 15, 1879, J. B. HINSON and wife, EMMA S. and C. F. HINSON sold to JOHN H. FREEMAN two acres at HINSONs Springs on the Lexington Road, Civil District 10, Henderson County (Deed Book 5, pages 230-231). FREEMAN sold this two acres to LEVI S. WOODS on July 19, 1881 (Deed Book 6, pages 481-483). The Court vested title in these two acres to WOODS.

Further, the Court ordered that ROBERT W. HALLL recover from J. B. HINSON $1439.70 and $1272.08. JAMES M. SMITH was to be paid $458.94 and $381.10 but the HINSON lands (minus the two acres) were to be sold by the Clerk and Master, the funds arising therefrom to be used to pay SMITH the two sums above-mentioned.

 

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73-74. March 31, 1883.
JOEL J. BASS and wife LUCY D. v H. P. ROSS and OTHERS
It appeared to the Court that JOHN M. ROSS had died in Henderson County and surviving him were his widow and children, LUCY D. ROSS, J. H. ROSS, H. P. ROSS, AMERICA V. ROSS, ALICE Z. ROSS, SARAH E. ROSS, all of whom were minors except LUCY D. ROSS. JOHN M. ROSS died the owner of about 700 acres of land in Civil District 6, Henderson County. In his last will he devised 200 acres and 86 acres to his widow and the remainder was to be divided among his five children, each to receive his/her portion on coming of age. America's name had been absent for some reason from some of the settlement reports.

(152. September 27, 1883
It was noted that one of the Ross heirs, H. P. ROSS had died unmarried.)

77. March 31, 1883
SALLIE CULBERSON v WILLIAM CULBERSON, both colored
The Court granted the complainant a divorce from the defendant (no details given) and granted her the right to resume her maiden name, THOMPSON.

80-81. April 3, 1883
DORCAS JANE RHODES, J. W. BLAKELEY and OTHERS. Ex Parte.
The Clerk and Master had paid J. W. BLAKELEY $58 "the balance of the taxes and purchase money due him"; $35 to lawyers, JOHN M. TAYLOR and LEVI S. WOODS; $50 to DORCAS JANE RHODES, widow of SAMUEL RHODES who was entitled to a dower from the sale of land in this cause and as she was "moving off" this money was advanced to her. Mrs. RHODES was about 35 years old, "a strong healthy person and bids fair to live a long time" and the dower interest was about $60-$70 so that the Clerk and Master recommended that she be paid $65 as her total dower this being the $50 advanced to her and $15 additionally. The Court complied with the Clerk and Master's recommendation.

84-86. April 3, 1883
SALLIE ANN GOFF v EDMUND GAWF, JR.
The Court ordered that the one-half interest that Edmund GAWF, JR. had in two tracts of land be vested in SALLIE ANN GAWF. One tract, 200 acres was bounded on the north by STEPHEN HEFLEY, on the east by EDMUND GAWF, JR. and RILDEY CLIFTON, on the south by C. P. JONES and GEORGE W. GAWF, on the west by TYSON MANESS heirs; the other tract, 84 acres, bounded on north by MARTHA GAWF, on east by MARTHA GAWF and ERWIN GAWF, SR., on the south by RILDEY CLIFTON and EDMUND GAWF, JR. and on the west by STEPHEN HEFLEY. These tracts were owned by ROBERT GAWF and at his death descended to EDMUND GAWF, JR. and his siblings. If the legal fees were not paid within sixty days the Clerk and Master was ordered to sell this land to get them paid.

(147. September 27, 1883
This cause was revived and renewed.)

91-98. April 7, 1883
A. W. HARMON and OTHERS v PAT MONDINE and WIFE and OTHERS
It appeared to the Court that the Brown Creek land sold in this cause brought $5221. The Lexington property was sold in twenty-seven parcels (new town lots nos. l, 2, 3, 4; old town lots, nos. 57, 58, 59, 89, 90, 91, 92, 93 and farm lots nos. 1-14) and brought $5434.80; total sale of land $10,655.80. Generous shares were disbursed among the heirs: JOHN WEST, C. M. HARMON, ARABELLA HARMON, ELIZABETH BLAIR, A. W. HICKS and wife and A. W. HARMON. JOHN G. HARMON's heirs, P. H. MALLORY, G. F. WOODS and wife, W. H. WARNER and wife, A. E. ANDREWS, J. H. ANDREWS heirs, C. G. ANDREWS and T. L. TAYLOR, guardian.

(378-379 March 27, 1885
A complete list of the heirs in this Causee: A. W. HARMON, ARABELLA HARMON, ADELINE A. WARREN and husband, WILLIAM H.; JOHN WEST, A. G. ANDREWS, C. M. HARMON, C. G ANDREWS, JOHN H. ANDREWS, B. F. ANDREWS, A. E. ANDREWS, M. E WOODS and husband, G. F. WOODS; G. P. ANDREWS, APPLEWHITE JONES and husband, D. C. JONES; JOSEPHINE WALTON and husband, E. L. WALTON; ELIZABETH BLAIR; J. M. HICKS and husband, A. W. HICKS; WILLIAM HARMON, GEORGIANA MONDINE and husband, PAT MONDINE; JOHN MOORE, KATTIE MOORE, MINNIE MOORE, JESSE MALLORY, PAT MALLORY, JOHN H. MALLORY, JOHN TAYLOR, WILLIE TAYLOR, SALLIE TAYLOR, FANNIE TAYLOR and THOMAS L. TAYLOR.)

 

(Page 70)

140. September 27, 1883
ROBERT W. HALL v J. B. HINSON, JAMES M. SMITH and OTHERS
The two tracts in this cause were bid in by A. D. MORGAN for $1842.50. The Court ordered bids reopened for this land, beginning with $1842.50, which bids would be accepted until January 1884.

141-142. September 27, 1883
ELI MELTON, WILLIAM MELTON and OTHERS v ELMIRA HART, A. J. HART and OTHERS
It appeared to the Court that ADOLPHUS MELTON, the uncle of the complainants, had died intestate /without a will/ in Henderson County on May 19, 1882, unmarried. He had owned land, about 797 acres in Civil District 10 and 20, Henderson County. AMANDA MELTON, A. G. MELTON, WILLIAM MELTON, ELI NELTON, EZEKIEL MELTON, DIXIE MELTON and JOHN MELTON were children of W. A. MELTON, dec., a brother of ADOLPHUS MELTON, dec. FELIX W. MELTON, AMANDA MELTON, CORNELUS MELTON were children of CORNELIUS MELTON, dec., a brother of ADOLPHUS MELTON, dec. JENNIE MELTON and ROBERT L. MELTON were children of E. A. MELTON, dec. who was a brother of ADOLPHUS MELTON, dec. ELMIRA HART was a sister of ADOLPHUS MELTON, dec. and R. V. MELTON was a brother of ADOLPHUS MELTON, dec. The Court ordered the Clerk and Master to sell the MELTON land to the best benefit of the heirs.

(331-333. March 24, 1885
On December 29, 1883 the Clerk and Master sold the land in this cause for $638. Disbursements of shares were made later to these numerous heirs.)

145. September 27, 1883
STEPHEN D. HAMLETT and OTHERS v MARY A BROWNING and OTHERS
All matters in litigation in this cause had been settled and this cause was therefore retired from the docket, i.e. terminated.

153. September 28, 1883
LINDA BROWN v ABSOLOM BROWN
The Court granted a divorce to the complainant from the defendant (no details given).

154. September 27, 1883
MARGARET JONES v ELIAS E. JONES
The Court granted a divorce to the complainant from the defendant (no details given).

155-156. September 28, 1883
SARAH A FISHER and husband, A. A. FISHER v HENRY C. AUSTIN, ALVIS J. AUSTIN and OTHERS
The Court had excepted-to the deposition of Mrs. M. J. AUSTIN, disallowing it in this litigation. JOHN W. AUSTIN had died unmarried. In the last will of S. A. AUSTIN dated May 9, 1883 he left block 3 to JOHN W. AUSTIN. The Court considered that on J. W. AUSTIN's demise this property descended to ALVIS J. and HENRY C. AUSTIN equally under the provision of the will. The injunction heretofore granted was dismissed and the bill dismissed as well.

156. September 28, 1883
R. W. JONES v ELIZABETH JONES
The Court granted a divorce to the complainant from the defendant (no details given).

157. September 28, 1883
R. W. GARNER v AMANDA GARNER
The Court granted a divorce to the complainant from the defendant (no details given).

157-159. September 28, 1883
F. M. COX and OTHERS v ELI MELTON and OTHERS
DIXIE, JOHN and R. L. MELTON were minors and EZEKIEL MELTON "is a lunatic now confined in the state asylum for the insane." L. S. WOODS was appointed guardian of these parties. The Clerk and Master qualified as administrator of the estate of ADOLPHUS MELTON, dec.

166-167. September 29, 1883
MARY ANN CONNALLY v THOMAS CONNALLY
It appeared to the Court that this couple were married in Henderson County in February 1877; he soon deserted her. Court granted her divorce and right to resume her maiden name, BARKER.

 

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205-206. March 28, 1884
JOHN PRIDDY v LIZE PRIDDY, both colored
The Court granted the complainant a divorce from the defendant as the latter had deserted her husband.

207-213. March 29, 1884
R. W. HALL v J. B. HINSOR, JAMES SMITH and OTHERS
R. W. HALL purchased all the land (501.5 acres) in this particular cause and of which purchase money JAMES M. SMITH was paid $1460.76 in January 1884 and the remainder of the purchase money was applied to the HINSON debt due HALL.

215-226. March 29, 1884
E. F. BOSWELL, executor of Dr. HENRY LASSITER, dec. v ELIZA LASSITER, NEWTON H. LASSITER and OTHERS
The Clerk and Master accounted for the sale of several tracts in this cause, including a 40 acre tract in Civil District 17, Henderson County, purchased by E. F. BOSWELL. Title was divested from LASSITER heirs and vested in various purchasers.

(Previously, 43-46. March 28, 1883
The Clerk and Master had disbursed funds from the estate of Dr. HENRY LASSITER. He had collected from the sale of lands in the estate $2298.22, leaving after legal fees were paid $1798.02 which had been disbursed in twenty-four parts. He remarked that there was due from Dr. HANCE LASSITER in Carroll County, Tennessee $200 which he was attempting to collect. There was another tract, 172 acres in Civil District 17 in Henderson County to be sold and a residence and a small parcel of land in Lexington assigned to the widow, ELIZA LASSITER and a small lot in Hollow Rock, Tennessee which had not been sold. Another lot had been mistakenly sold in that village which had to be rescinded.

(359-360. March 27, 1885
This suit was removed from the docket, i.e. terminated.)

227. March 29, 1884
J. M. SOMERS /SUMMERS/, administrator of G. W. THOMPSON, dec. v. JAMES MEADOWS
The "small tract and mostly cleared and badly worn" in this cause was sold to W. F. BROOKS and LEVI S. WOODS on December 29, 1883 for $58.50.

229-231. March 29, 1884
ELIZA MUSE v NED MUSE, both colored
By agreement among the parties in this cause, NED MUSE relinquished his one-half interest in 60 acres (on Brazil Branch), 11 acres and 90.5 acres (in Beech River bottom) in Civil District 11, Henderson County, to ELIZA MUSE. /Missing are details as to why the suit was instituted in the first place, in the Judgment of this abstractor, a poorly written minute./

(1880, June 16, U.S. Census, Civil District 10, page 395: NED MUSE, black, 60, Tenn.; DINA MUSE, black, wife, 58, Tenn.; JULIE MUSE, black, mother, 112 (blind), Virginia.)

236-2 38. April 10, 1884
JOSIA MITCHELL and OTHERS v BABE MORGAN
SQUIRE B. LEE had owned at his demise a 206 acre tract of land which he "bought while a slave from one HENRY MORRIS, decd. "and in his last will MORRIS had instructed his executors to give LEE a clear deed for this land and on gaining his freedom, LEE took over this land and lived on and cultivated the same. It was essentially ridge land. There were two log houses on the land, a well and "other improvements." There were several LEE heirs. The Court ordered the land sold for benefit of the heirs.

(253. September 22, 1884
The LEE land was offered for sale but the Clerk and Master reported that there were no secure purchase bids so the cause was revived.)

 

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240. April 11, 1884
FRANK PHELPS v JOSEPHINE PHELPS, both colored
The Court granted the complainant a divorce from the defendant (no details given).

267-268. September 24, 1884
MARANDA TAYLOR v UNKNOWN HEIRS of WILLIAM FORSYTHE
It appeared to the Court that WILLIAM FORSYTHE, father of MARANDA TAYLOR, bought the land in this cause, 172 acres, from EPHRIM BURKETT in 1860; that MARANDA TAYLOR and family moved onto this property in February 1860 and had lived upon and cultivated it ever since then, the land having been bought expressly for this woman. A deed was executed to her by her father but it was lost in the move from North Carolina to Tennessee. The Court ordered the Clerk and Master to execute a clear deed to MARANDA TAYLOR for this acreage.

281-282. September 26, 1884
FRANCIS C. GOFF v E. T. GOFF
The defendant had moved to Texas, deserting the complainant and their children. The Court granted her a divorce, custody of the children and the right to resume the use of her maiden name, DAVIS.

283-284. September 27, 1884
SALLIE ANN GOFF v EDMOND GOFF, JR. /heretofore spelled GAWF/
The Clerk and Master sold 200 and 84 acre tracts in Civil District 12, Henderson County, to W. H. GOFF for $54 on August 24, 1884 and title to seine was vested in him. Proceeds ordered disbursed to "the parties entitled."

289-294. September 27, 1884
MARY ARNOLD, colored v WILLIS N. ARNOLD
MARY ARNOLD, deceased, had given $210 to WILLIS N. ARNOLD /white/ and he had used some of these funds to pay Colonel JOHN W. BUFORI) $25 to defend SAMUEL BEAVERS, colored, before the federal court in Jackson, Tennessee and an additional fee of $45 to E. L. BULLOCK for legal services. WILLIAM P. GLENN was appointed administrator of MARY ARNOLD's estate. SALLIE MUSE, wife of HAMP MUSE; VILLIE COFFEY, wife of NEIL COFFEY; LIZZIE BEAVERS, SAM BEAVERS and MILES BEAVERS were her only children and heirs. SAM BEAVERS, colored, one of the complainant's sons, was arrested in November 1881 by U.S. authorities as a counterfeiter and his other had entered an agreement with WILLIS N. ARNOLD on December 30, 1881 whereby he would assist SAM BEAVERS in his criminal charges. She gave him $210 in trust and 96 and 21 acre tracts in Civil District 5, Henderson County, towards the legal expenses. Her land was located on the Middle Fork of the Forked Deer River. The Court ordered WILLIS N. ARNOLD to return the deeds to MARY ARNOLD's heirs and the remainder of money she had given him in trust, with interest to the amount of $149.

(In the 1880, June 11, U.S. Census, Civil District 6, Henderson County, page 346, MARY ARNOLD appeared, age 58, North Carolina, a servant in WILLIS N. ARNOLD's household. MILES BEAVER, alias ARNOLD, age 18, Tenn. was living with her. Living nearby was SAMUEL BEAVERS with his family. CORNELIUS CATHEY /heretofore called COFFY/ and wife, VIOLET G. CATHEY, age 27, Tenn., lived nearby. In Civil District 10, page 35, SALLY MUSE, age 23, is listed with her husband, HAMP MUSE, age 34, Tenn.)

297-298. September 27, 1884
B. S. PRITCHARD v HENRY COX and OTHERS
It appeared to the Court that CHARLES PRITCHARD died testate in 1882 /1872/ and his last will had been probated and B. S. PRITCHARD had served as executor of same. The testator left 200 acres of land to JESSE PRITCHARD who had died since the will was probated, having never married, but surviving him were his brother, B. S. PRITCHARD, sister SUSAN KEY wife of T. L. KEY and the children of a brother, SOLOMON PRITCHARD, dec. who left children, ELIZABETH ROSSER, wife of T. G. ROSSER, MARY KEY, wife of NELSON KEY, J. W. PRITCHARD. B. S. PRITCHARD was survived by a sister, JANE COX, wife of HENRY COX; the children of a sister, MORNING PHILLIPS, dec. who were AMANDA PHILLIPS, CHARLEY

 

(Page 73)

PHILLIPS, WILLIAM PHILLIPS, ELIZABETH L. PHILLIPS. These were the survivors of JESSE PRITCHARD, dec. The Clerk and Master was ordered to sell this 200 acres for the benefit of the heirs after it had been properly surveyed.

299-301. September 27, 1884
SALLIE PEDDY and husband, ANPREW PEDDY, AMANDA PRICE and husband, JAMES PRICE v A. E. BRAY, MARTHA FISHER, POLK BRAY and OTHERS
A. E. BRAY had purchased several tracts of land, all contiguous, 694 acres in Civil District 4, Chester County, formerly Civil District 4, Henderson County and title to same was vested in him and divested from the complainants. The plot of land (page 300):

 

(373-376. March 27, 1885
This suit was retired from the docket, i.e. terminated March 27, 1885.)

306-307; 311-327. October 11, 1884
JOEL J. BASS and WIFE v J. H. ROSS and OTHERS
In this cause it appeared that W. A. DODDS bad married AMERICA V. ROSS (an heir of JOHN M. ROSS who had died in 1877). 200 and 85 acre tracts had been surveyed from the estate of JOHN M. ROSS for his widow, MARTHA M. ROSS. The remaining two tracts, 273 and 210 acres, were also surveyed and bid off. MARTHA M. ROSS had died at the "old ROSS homestead in the 6th Civil District of said County of Henderson on the 6th day of April 1878", having never remarried, leaving six children, LUCY A. ROSS, H. P. ROSS, AMERICA V. ROSS, ALICE Z. ROSS, J. H. ROSS and SALLIE E. ROSS. H. P. ROSS, a son, died at the residence of JOHN M. WADLEY in Hendersin County, April 24, 1883, unmarried.

The ROSS dwelling was a double log house with stick and dirt chimney. The tracts were not fine but considerable timber was on them. The 86 acres willed by J. M. ROSS to JOHN H. ROSS was not considered in this cause, being an outright devise. The ROSS lands were ordered sold. The proceeds for the 200 acre homestead were to be divided equally among the surviving heirs. The proceeds of the 273 and 210 acre tracts were to be divided by fifths.

(1870, August 26, U.S. Census, Civil District 6, Henderson County, page 52:
JOHN M. ROSS, age 44, Tenn.; MARTHA M. ROSS, age 34, Tenn.; LUCY D. ROSS, age 9, Tenn.; HERCULES P. ROSS, age 7, Tenn.; AMERICA V. ROSS, age 5, tenn.; ALUS Z. ROSS, age 3, Tenn.. SALLIE E.

 

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ROSS, age 6, Tenn., was a boarder in the household of BENJAMIN WALLACE in Civil District 6, Henderson County, census, page 350-A.)

334-336. March 24, 1885
JOSIAH MITCHELL and OTHERS v BABE MORGAN
On December 13, 1884 the Clerk and Master sold the tract off land in this cause to W. B. HESTER for $225. Title to land was divested from the complainants and vested in HESTER. The heirs off SQUIRE B. LEE were given as MARTHA MITCHELL and husband, JOSIAH MITCHELL; BABE MORGAN; ADALINE TAYLOR and husband, WILEY TAYLOR.

Minute Book 9,7. April 1887
W. B. HESTER had paid off the purchase money for this property, excepting $40 which "belongs to him, he owning the interest off WELABY TAYLOR and wife in said land by purchase for which he has a deed." BABE MORGAN had received his portion off the proceeds. JOSIAH MITCHELL and wife were residents off IOWA and the Clerk and Master bad been unable to contact them.

9,75. May 1887
This cause was retired from the docket, i.e. terminated.

HENRY MORRIS who lived near Wildersville died in 1851. His representative, SAMUEL MILLER, executed a deed on September 13, 1855 for 320 acres to ROBERT TODD for which he had partially paid both MORRIS and MILLER. (Henderson County Deed Book P, page 103) The LEE land had been purchased from HENRY MORRIS in the antebellum years.

351-352. March 27, 1885
SALLIE ANN GOFF v EDMOND GOFF
It appeared to the Court that the defendant had deserted his wife, the complainant about April 1884 and he was charged with adultery with SUSAN NICELER. The Court granted the complainant a divorce and custody of her children, JAMES GARFIELD GOFF, MARTHA ANN GOFF and MARY GOFF.

352-355. March 27, 1885
DORCAS J. RHODES and OTHERS. Ex Parte.
DORCAS J. RHODES, widow of SAMUEL RHODES, guardian of W. H. RHODES, age 9, JOHN RHODES, age 8, MABY E. RHODES, age 7, JAMES ALONZO RHODES, age 6, minors, petitioned the Court to release funds in this cause to Arkansas where the RHODES then lived. On January 15, 1883 the County Court of Clark County, Arkansas appointed DORCAS J. RHODES as guardian of her children. (Guardian bond from Arkansas recorded on pages 360-361) The Court complied with her request.

382-387. March 27, 1885
JOEL J. BASS and wife, LUCY D. v J. H. ROSS and OTHERS
On December 13, 1884 the Clerk and Master bad sold the 200 acre ROSS homestead to W. R. MULLINS for $400; the 273 acres were sold to JOEL J. BASS for $275; the 210 acres called the TEAGUE tract was sold to MORREL COUNCIL for $505.

(398-400. September 29, 1885
Each of the Ross heirs was given $89.50 from their father's and mother's estate.)

(560-562. October 4, 1886
A final settlement was entered in this cause and it was then removed from the docket, i.e. terminated.)

397-398. September 29, 1885
DORCAS J. RHODES, J. W. BLAKELEY. Ex Parte.
The RHODES children/heirs, those of SAMUEL RHODES, dec. were given $191.50 through their mother's attorney. This cause was then removed from the docket, i.e. terminated.

 

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418-425. October 2, 1885
A. W. HARMON, C. M. HARMON and OTHERS v G. & P. MONDINE and OTHERS
The final disbursements in this cause were made to the heirs and the cause was removed from the docket, i.e. terminated.

44. October 3, 1885
MOLLIE BOND v ISAAC BOND
The Court granted the complainant a divorce from the defendant and she was given custody of their child.

457-459. October 6, 1885
B. S. PRITCHARD and OTHERS v HENRY COX and OTHERS
On October 5, 1885 the Clerk and Master sold the land in this cause to W. H. DOIJGLASS for $701.

473-474. October 9, 1885
J. M. SOMERS, administrator of GEORGE W. THOMPSON, dec. v JAMES MEADOWS
The 75 acres GEORGE H. THOMPSON bought from ROBERT M. ARNOLD on November 28, 1865 was sold on December 29, 1883 to W. F. BROOKS and LEVI S. WOODS and they had paid for land hence title to it was vested in them and the cause was removed from the docket, i.e. terminated.

508-509. March 24, 1886
KATE WEBB v IKE WEBB, both colored
This couple were married in Henderson County on February 22, 1877; in March 1883 her had deserted his wife. The Court granted her a divorce and the right to resume the use of her maiden name, BROOKS.

509-510. March 24, 1886
T. A. DYER v S. F. DYER and S. F. DYER v T. A. DYER
T. A. DYER had deserted her husband, S. F. DYER. The Court granted him a divorce. Their child, BIRD W. DYER, about 4-5 years old, was given in custody to T. A. DYER's father, C. R. DUCK, to raise as one of his own children.

533. March 26, 1886
ALFRED SMITH v KATE SMITH, alias HOWARD, both colored
The defendant had deserted her husband and the Court granted him a divorce.

562-563. October 4, 1886
CLAYTON FLAKE v PINEY FLAKE
The defendant had deserted her husband. The Court granted him a divorce.

 

Other works by Jonathan K. T. Smith can be found at the Madison County Records Repository at TNGenWeb.