John Gordon & Related Family Documents

Part II

Mathew Harper & Jeremiah Bowen-Jurors 1808-1811

(Includes Mathew, Jeremiah, Abram, Betsy Ruth, Lincoln Harper)

The original document as copied from the Smith County, Tennessee Court House/Library or Tennessee State Archives. The copy, and transcriptions were

done by, Gail and Vernon H. Drewa in August 2001.

Documents from the Tennessee State Library “WPA” Records, Smith County, Minute Book 1808-1811

P315 Jurors Ordered that the following persons be appointed Jurors to the next court of please & quarter session held in Sept next to Elisha Ogleby Daniel Alexander William Goodall Nathan Dillon John Rhodes Lewis Pipkin David Lawrence Senr. Benjamin Ellis Frances Patterson Morten Cooper, David Looney Jacob Overall George Payne Thomas Hart Elijah Haynie John Piper Charlie McClelan Allen Wilkerson Mathew Harper Edward Sanderson Harris Crissom John Ward Garland McAllister Samuel Burdine Charles Reynolds William Porter Morgan Williams Jeremiah Bowen James Cochran Zacharah Ford Thos Walten Lodwick Vaden Jeremiah Wright William Trousdale William Smith Mathew Duke constable Soloman Blair Will Sullivan and that a venire facias Issue accordingly.

Court adjourns until tomorrow 10 o’clock.

P404 Abram Harper ]

vs. ] Original Attachment

David Taylor ]

Isaac Souder Garnisher Summoned here this day to declare what property he had in his hands of the Defendant or what he was indebted to Said Defendant being duly Sworn upon his oath sayeth that he is not indebted to the Defendant any thing that he had in his possession one wagon worth about forty seven Dollars fifty cents at the time and was Summoned Guarnisher the property of the Defendant & further Sayeth not. (Note: Date of recording is prior to June 1810. Vernon Drewa.)

Betsy Ruth Harper orphan of Mathew Harper Deceased by Court had Patsey Harper appointed her Guardian who together Isaac Hickerson her security entered into bond conditioned according to Law. (Note: Date of this recording is prior to June 1810. Vernon Drewa.)

P405 Ordered that Mathew Harper one of the administrators of Mathew Harper deceased be allowed twenty two dollars forty nine cents of her account for Services and ordered to be recorded ( Note: Date of this recording is prior to June 1810. Vernon Drewa.)

P429 Tuesday morning June 5^th 1810

Court met pursuant to adjournment members present Andrew Green James Hibits John Lancaster William Haynie Esquires.

John Harmin ]

vs. ] Attachment

Thos. Hamilton ] Plea non assumption

This day came the parties by their attornies and thereupon came a jury of good and lawfull men to wit James Upton Jud Strother Samuel Casey Jonathon B. Robertson James Cooper William Hogan Burel Kemp Jorden G Stokes William Lancaster Enoch Rust Arthur s. Hogan & Josiah Harper who being Elected tried and sworn the truth to speak upon the Issue joined upon their Oaths do say that the Defendant did assume upon himself in manner & form as the plaintiff in declaring hath alleged and they do assess the plantifffs damages by reason thereof to $135 besides his costs it is therefore considered by the court that the plaintiff recover against the Defendant his damages aforesaid in form aforesaid by the jury assessed together.

P106 William Smith ]

vs. ] Case: Write of inquiry

William Southerlin ]

This day comes the Plaintiff by his attorney and thereupon came a jury of good and lawful men to wit. George Norris, Wm. Covey Thomas Farris John Stephens Lincoln Harper John Cardwell Jacob Ingram Henry Hass A. Armstreet Stubblefield Joseph Fleming George Rowland & Saml. Row who being Elected tried and sworn well and truly to inquire of the damages on this enquiry having some time retired. Returned to the bar and Jacob one of the Jurors not answering the rest from rendering their verdict are discharged.

P1 Smith County ]

State of Tennessee ] At a court of pleas and quarter Sessions bean and held for Said county at the Court House in Carthage on the first Monday being the 7^th day of March 1808. Members of Worshipfull Court present

A. S. Hogan ]

Basil Shaw ] Esquires

Henry Tooley ]

Grand Jurors to Witt.

Benjamin Barton (Foreman) James Cochran

Mathias Anderson Wm Coblar

Mathew Harper Daniel Hamock

Thos Haile James Chambers

Abram Piper Allen Wilkeson

Thos Dill Wm Lancaster

Adam Marley Wm Thomason

John Bridges

Who being qualified and received their charge from the Atto for the State retired to consider Such matters and things as shall come before them.

P398 The commissioners appointed to settle with the Administrators of the Estate of Mathew Harper Deceased made report of their Settlement & ordered that Same be recorded.

P399 Ordered that James Wright Jud Strother and James Ballew Esquires be appointed to meet at the house of Mathew Harper on Defeated creek to Settle with said Harper as administrator to the Estate of Mathew Harper deceased. And make report thereof to next court. Court adjourns until tomorrow 9 oclock.

P512 Execution of Robt Harper ]

vs. ] Motion in Debt.

Michal Henderson & Joel Dyer ]

It appearing that John Furgarson and Wm Cleveland had stayed Execution of Judgement the plaintiff recorded in this Court against the Deft on the 5 December 1809 for $69.97 Debt and cost $10.63 agreeable to the act of assembly in that case made and provided on motion it is therefore considered by Court that the plaintiff have Execution of the Deft his Judgement aforesaid with $5.25 Interest thereon & cost of this motion.

(Note: Every effort was made to transcribe the original document. Blank space is where no discernable word could be determined from copies of the documents. Rather than inserting what I think the wording should be, they are left blank for you interpretation. /s/ Vernon H. Drewa)

Gordon 1808-1811

The original document as copied from the Smith County, Tennessee Court House/Library or Tennessee State Archives. The copy, and transcriptions were

done by, Gail and Vernon H. Drewa in August 2001.

Data from Smith County Books 1808-1811

P15 Ordered that John Gordon Esqr Sheriff be allowed the Sum of one hundred and forty six dollars for Ex oficia Services as acct rendered for the year 1807.

Ordered that John Gordon Esqr Sheriff be allowed the Sum of fifteen Dollars and fifty Seven cents & ¼ being the amount County & poor Tax on in solvency Exhibited to court for year 1807 also $10.64 ¼ cents State Tax on the above.

P123 John Gordon Esqr. Sheriff of Smith County came into Court with George Matlock, Isham Beesley & Richard Britain his security and entered into bond for the State and County Tax for the year 1808 conditioned as the law directs.

Harper – 1808-1811

The original document as copied from the Smith County, Tennessee Court House/Library or Tennessee State Archives. The copy, and transcriptions were

done by, Gail and Vernon H. Drewa in August 2001.

Data from Smith County Minutes Book 1808-1811

P5 Mathew Harper made return of Suplementary Inventory of the Sales of the property of Mathew Harper Decd ordered to be Recorded.

Robt Harper Deceased {} Supplentary inventory of act of Sales of the property & returned into court by Mathew Harper and admitted to record.

P197 Lincoln Harper ]

vs. ] Attachment

Jacob Kendy ]

Ordered that the improvement and mill seat formally occupied by John Young and now levied on by Neil Thomson Constable as the property of Jacob Kenedy be sold to Satisfy the amount of the Plaintiffs debt being Stated Eleven Dollars & twenty five cents In the attachment and the cost.

John Gordon – 9^th Gen. Assembly – 1809

The original document as copied from the Smith County, Tennessee Court House/Library or Tennessee State Archives. The copy, and transcriptions were

done by, Gail and Vernon H. Drewa in August 2001.

Acts of Tennessee – 1809, Ninth General Assembly of the State of Tennessee, begun and held at Knoxville, on Monday, the 18^th day of September, One thousand Eight Hundred and Nine. Book K, Act=16, Cop-2.

---152---

Chap. LXI.

AN ACT FOR THE RELIEF OF JOHN B. CROSS, SHERIFF AND COLLECTOR FOR THE COUNTY OF OVERTON, AND JOHN GORDON OF SMITH COUNTY.

Preamble

WHEREAS, it appears to this General Assembly, that John B. Cross, sheriff and collector of the state tax in the county of Overton, for the year 1807, was charged with thirteen dollars and thirty-three cents, the state tax on 10664 acres of land, which were reported and would not sell for the want of bidders, and which he was prohibited from selling until the first Monday in July, 1808, before which time the Treasurer of West Tennessee, agreeably to law recovered judgment against him, for the whole amount of taxes with which he was charged, the amount of which judgment the said John B. Cross, sheriff and collector as aforesaid, for the year 1808, was charged with seventy four dollars and seventy-three cents, as being the state tax on 59729 2-3 acres of land, which was reported and would not sell, and which he was not authorized by law to sell until the first Monday in July, 1809, before which time the treasurer of West Tennessee recovered a judgment against him for execution against him for the same—For remedy wherefore.

Sect. 1^st. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE.

That the said John B. Cross, Sheriff an collector as aforesaid, shall be entitled to receive a credit of eighty-eight dollars and six cent upon the execution now against him as aforesaid, the same being the amount of delinquencies for the two years aforesaid.

Sect. 2^nd. BE IT ENACTED, That the said John B. Cross is entitled to and shall receive a further credit on the aforesaid execution, for nineteen dollars and eighty-three cents, being the amount of his commissions on three hundred and thirty dollars and sixty-one and an half cents, the state tax in the county aforesaid, collected by him and paid into the public treasury for the year 1807.

Sect. 3^rd. BE IT ENACTED, That the said John B. Cross shall be allowed a further credit of twenty-six dollars and sixty eight cents, on the aforesaid execution, it being his commissions on four hundred and forty-four dollars, sixty-seven and three-fourths cents, which is the amount of state tax for the year 1808, for the said county: PROVIDED, the said John B. Cross satisfies the said execution by the first day of January next.

Sect. 4. Whereas it appears to this General Assembly, that John Gordon, collector of the public taxes in Smith county, for the year 1808, was prevented from paying into the treasury the full amount of the tax chargeable on him, because he was prevented from selling lands of non-residents by the interference of the laws of the state, whereby judgment has been rendered against the said John Gordon, and he deprived of his fees for collection, amounting to the sum of forty-three dollars and twenty-one cent—For remedy whereof, BE IT ENACTED, that John Gordon is entitled to draw from either of the public treasurers of this sate, the sum of forty-three dollars and twenty-one cents, and that the speaker of both houses sign a draft for the above amount.

JOSEPH DICKSON

Speaker of the House of Representatives,

JOSEPH M’MINN,

16^th Nov. 1809 Speaker of the Senate.

John Gordon Legislative Petition - 1809

The original document as copied from the Smith County, Tennessee Court House/Library or Tennessee State Archives. The copy, and transcriptions were

done by, Gail and Vernon H. Drewa in August 2001.

Legislative Petition 1809

To the Honorable the General Assembly of the State of Tennessee now in Session.

Your petitioner humbly showith, That whearas he was appointed by John Gordon Esq., Sheriff of Smith County to take charge of the jail for said County as jailor and having expended Money agreeable to the regulations of the law in Supporting the prisoners committed to said jail to the amount of the annexed statement and your petitioner having no remedy by law therefore pray that an Act may be passed to reimburse to him his expenses, occasioned by the breach of the jail aforesaid as stated in the annex account and your petitionor will be ever bound to pray.

Signed Basil Shaw

State of Tennessee ] I John Gordon late Sheriff of said County do certify that Basil

Smith County ] Shaw whose name is subscribed above was duly authorized by me to take charge of the jail of said county and that I have no reason to believe that the breach of said jail was occasioned by his means or neglect.

Given under my hand this 28^th day of March 1809.

John Gordon

Late Sheriff of Smith County

State of Tennessee Smith County

This day came Basil Shaw before me one of the justices for said County & made oath the within account is just and true as stated & sworn to before me this 29^th day of March 1809.

John Gordon J. P. Basil Shaw

William Orange Will - 1815

The original deed as copied from the Smith County, Tennessee Court House. The copy, and transcriptions were done by, Gail and Vernon H. Drewa in August 2001.

In the name of god Amen

I William Orange of the State of Tennessee, Smith County Being in a low state of health But of sound mind and memories Calling to mind the mortality of my Body and the little Estate the Lord hath Blest me with in this life it is My will to Dispose of it in the following manner

First of all I will my soul to god who gave it to me and my Body to be buryed at the Discretion of my hereafter Named Executers

Secondly I will that all my Just debts should be paid

Thirdly my will is That the Rest of my Estate should be divided in form and manner as follows

Item I give and bequeath to my beloved wife Elizabeth Orange one waggon and

two horses James and Peter Likwise the gear belonging their ____ likewise the plantation working tools three head of milk cows ten head of sheep one good feather bed and furniture To be at her Disposal During her natural life and also a stock of hogs

Item I give and bequeath to my Daughter Molley Belcher one feather bed and

furniture and likewise one heifer yerling to be to her and her heirs for ever

Item I give and bequeath to my son John Orange one horse beast by

the name of Tom to be to him and his heirs for ever

Item I give and bequeath to my son Byrd Orange one Clay Bank filley to be to

him and his heirs for ever

Item I give and bequeath to my son Zephaniah Orange one colt from Byrds Mare

one feather bed and furniture and yearling to be to him and his heirs for ever

Item I give and bequeath to my daughter Chizziah Bailey one feather bed and

furniture which she has now in possession Likewise one yearling to be to her

and her heirs for ever

Item I give and bequeath to my son Yearby Orange one feather bed and furniture

one sorrel horse cald Valiant Like wise one yerling to be to him and his

heirs forever

Item I give and bequeath to my Daughter Eliza Orange one feather bed and

furniture and one yearling to be to Her and her heirs forever

Item I give and bequeath to my Daughter Nancy Orange one feather bed and

furniture and one yearling to be to her and her heirs for ever

Item I give and bequeath to my daughter Elizabeth Orange one feather bed and furniture and one yearling to be to her and her heirs forever

And last of all I appoint my two sons John Orange and Byrd Orange my Lawful Executers to fulfill this My last will and testament

In witness whereof I have hereunto set my hand and affixed my seal this 30^th Day of April 1815

(his

Test William X Orange (Seal)

Absalom Cox Jurat mark)

Tho Johnson Jurat

State of Tennessee | August Term 1815

Smith County |

Then the within last will and testament of William Orange Deceased was proven in Open Court in the oath of Absalom Cox and Tho Johnson __________ thereto and ordered to be recorded and John Orange & Byrd Orange Executors therein name qualified & entered into bond & Security as the Law directs

Test Robert Allen clk

William Orange

This last will and Testament

Recorded book D, page 78

John Orange – Jonathon B. Robertson 1816

The original deed as copied from the Smith County, Tennessee Court House. The copy, and transcriptions were done by, Gail and Vernon H. Drewa in August 2001.

This Indenture made and entered unto this thirteenth day of February in the year of our Lord one thousand eighteen hundred and sixteen between John Orange of said County of Smith and State of Tennessee of the one part and Jonathon B. Robertson of the other

Part Witnesseth that the said Jonathan B. Robertson for and in consideration of the sum of two hundred and forty dollars to him in hand paid by the said John Orange as acknowledged by the said Jonathan B. Robertson by deed of Mortgage given by said Robertson to said Orange for six hundred and forty acres of land and bounded as follows agreeable to the said Mortgage Beginning on a sugartree William Coats South West corner running south and for compliment to include the tract which said Jonaih B Robertson purchased of James Mc_______ how be it further __________ that the said Jonathon B Robertson by virtue of said mortgage deed did for the consideration above mentioned authorized said John Orange to sell said land he first _____________said land agreeable to said deed Now I the said John Orange _____________ of said Mortgage deed and by duties of the equitable privileges given to me in said deed have this day sold conveyed and confirmed deed I am by these presents sell convey and confirm said tract of land as heretofore described in said Mortgage to John Harvey Jr & David William being the _______purchaser of said land and ___________ for the sum of two hundred thirty dollars sixty two and a half cents which said premises for the consideration to _______ _______ paid I do hereby covenant and agree to and with the said John Harvey and David Wallace that I will forever warrant and defend said described premises in said Mortgage deed described _________ me my heirs of any the claim of all persons whomsoever, claiming by virtue of title hereby transferring all my title as vested in me by said Mortgage deed from said Jonathon B Robertson for six hundred and fifty acres of land on Brush Creek waters of Hickmans creek in Smith County In testimony whereof I have hereunto set my hand and seal this day and date first written

John Orange (Seal)

Signed Sealed and Delivered In presence of

John P Martin | State of Tennessee Smith County August Term 1847 then the execution Wm D Gowan | of the within deed of conveyance was duly acknowledged in open Court Wm _______ | and on motion ordered to be registered

Test Robert Allen Clk

Registered the 5^th of September 1817

J. Pickett Register

Of Smith County

Zephaniah Orange purchase 1826

The original deed as copied from the Smith County, Tennessee Court House. The copy, and transcriptions were done by, Gail and Vernon H. Drewa in August 2001.

This indenture made this nineteenth day of May in the year of our Lord one thousand eight hundred and twenty six Between Joseph Dennis of Smith County State of Tennessee of the one part and Zephaniah Orange of the county and State aforesaid of the other part witnesseth that the said Joseph Dennis for an in consideration of the sum of one hundred and sixty dollars to him in hand paid by the Said Orange the receipt where of he doth hereby acknowledge hath given and confirm unto the said Zephaniah Orange a certain tract or parcel of land situate lying and being the said county of Smith on the Racoon Branch of Hickmans Creek beginning at a Beech marked a JK on the south Boundary line of Capt Kingsbery large Survey running thence South fifty two poles to a Buckeye and small Bush thence West Sixty one and a half poles to a Elm and Forked dogwood thence South eight poles to a stake thence west fifty two poles to a stake thence north sixty poles to a sugar tree Thence East one hundred and thirteen and a half poles to the Beginning containing thirty nine acres more or less to have and to hold the said land with all and singular the Rights profits hereditaments emoluments of in and to the same belonging or in any wise appertaining to the only proper use and behoof of him the said Zephaniah Orange and his heirs forever and the said Joseph Dennis for himself and his heirs doth covenant and agree to and with the said Zephaniah Orange that he will warrant and forever defend the above bargained premises free from the claim or claims Rights or Rights of all and every person whatsoever In Testimony whereof the said. Said Joseph Dennis have hereunto set his hand and affixed his seal the day and date above written (his

Joseph X Dennis (Seal)

mark)

In presence of us

John P Williams

Joshuia Sykes

(N. B. he word South in thirteenth line and the words containing thirty nine acres more or less in the seventeenth line was Entered before assigned)

(Note: The above sentence refers to lines on the original document. /s/ Vernon Drewa)

State of Tennessee Smith County Court | May Term 1826 Then the execution of this deed and bargain of sale from Joseph Dennis Zephaniah Orange was duly acknowledged in Open Court by Joseph Dennis the bargainer and on motion advised to be certified for Registration

Attest Jonathan Pickett Clerk

of Smith County

Registerd 1^st July 1826

Alex Allison Reg of Smith County

John H Gordon to McGee 1831

The original deed as copied from the Smith County, Tennessee Court House. The copy, and transcriptions were done by, Gail and Vernon H. Drewa in August 2001.

This indenture made this 1^st day of September A.D. eighteen hundred and thirty one between John H. Gordon of the one part and Hiram McGee of the other part of the County of Smith and State of Tennessee witnesseth that the said John H Gordon for and in consideration of the sum of one hundred and twenty six dollars to him in hand paid the receipt whereof is hereby acknowledge & has bargained and sold and by them present doth grant bargain & sell unto said Hiram, his heirs & assigns all that parcel or tract of land lying on the waters of the dry fork of Mulherins Creek in the County aforesaid and demarcated designated and bounded as follows (viz) Beginning at a sugar tree in William Bruces Northeast boundary, and running with said line north sixty five degrees west ninety six poles to a Buckeye, Thence due north forty eight poles to a stake, thence South eighty degrees (NOTE on Court document between this and the above line: Thence North 32 degrees East from poles to a Stake.) East twelve poles to a stake thence ____ East twenty poles to a Beech, thence due south, twenty seven poles to a stake Thence East fifty four poles to an oak Thence South sixty four poles to the beginning containing in all thirty two acres more or less to have and to hold together with every appurtenance thereto, for the only proper use of said land his heirs & assigns forever the said John H. Gordon for himself his heirs shall &will warrant the titled of said land against the claims of all and every person and will forever defend it unto the same. In witness whereof I have hereunto subscribed my name and affixed my seal this day and year above written.

Signed in the presence of:

John Ward

Sterling Ward John H. Gordon (Seal)

State of Tennessee |

Smith County | Court of pleas and quarter sessions, February Term 1832. Then the execution of this deed and bargain of sale from John H. Gordon to Hiram McGee was duly proven open court by the oaths of John Ward and Sterling Ward witness thereto and on motion ordered to be certified for Registration

Attest

Registered 17^th April 1832 | Jonathan Pickett Clerk

Alex Allison Reg. | of Smith County Court

John H. Gordon to F H Gordon – 1831

The original deed as copied from the Smith County, Tennessee Court House. The copy, and transcriptions were done by, Gail and Vernon H. Drewa in August 2001.

Know all men by these present that I John H. Gordon of the County of Smith & State of Tennessee have this day bargained & sold to F. H. Gordon & Jake Herd the following property (viz) a Negro Woman named Casey, Seventy five barrels of corn one hundred acres of land lying in said county on Homes creek wherein David Tyree formerly lived forty nine head of hogs, 8 head of cattle, 1 gig & harness, 1 clock, 3 head of Horses, four feather beds & furniture, one ox cart one loom, one china press, one cupboard of furniture, two tables two harness, two hundred gallons whiskey and all my household & kitchen furniture to have & to hold I said John H Gordon bind myself my heirs& to said F. H. Gordon & I hand their heirs & to warrant & defend forever the title of said property.

The condition of the above article of transfers is as herein & after described namely wherein said F H Gordon & J. Herd have heretofore assigned for me two notes of land payable to Matthew Harper agent for William Gaston, then one for four hundred & ninety nine dollars and the other for two hundred & sixty two dollars both bearing the date the 15^th of Feby 1831 and payable the first of December in the same year Now to _________ said F H Gordon & J Herd from any ________ in case that I should fail to pay said notes and they should fall upon them, J Herd from any ______ in Case that I should fail to pay said note and they should fall upon them, I have given them all my right & interest in said property, and authorize Willie B. Gordon to proceed in the character of trustee and sell said property to the highest bidder giving ten days notice from and after the time when said notes shall become due provided they shall not have been paid off & settled, and if at any time previous to the date when they will be due, said notes shall be paid off this transfer will then and ever after be null & void now if according to the above conditions my said Trustee shall have to sell said property I hereby direct and authorize him to pay the proceeds of the sale to F H Gordon the bidder in _________. J. Herd as a renumeraton for the damages they may & have sustained in consequence of said securityship, Signed sealed & delivered this 9^th March 1831

In the presence

James B Morres John H Gordon (Seal)

State of Tennessee |

Smith County | Court of pleas & quarter sessions Nov Term 1831

Then the within deed in trust from John H Gordon to F. H. Gordon & J Hand for one hundred acres of land and a Negro woman named Casey & sundry personal property was duly proven in Open Court by the oath of James B Moores witness thereto and on motion order to be certified for registration

Registered Feby 21^st 1832 | Attest Jonathan Pickett Clk

Alex Allison Register | of Smith County

Zephaniah Orange from John Gwaltneys – 1831

The original deed as copied from the Smith County, Tennessee Court House. The copy, and transcriptions were done by, Gail and Vernon H. Drewa in August 2001.

This Indenture made and entered into this twelfth day of February in the year of our Lord one thousand eight hundred and thirty one between John Gwaltney _________ of Smith County State of Tennessee of the one part and Zephaniah Orange of Smith County and State aforesaid of the other part witnesseth for and in consideration of the sum of Sixty Eight dollars to him the same John Gwaltney for in hand paid by the said Zephaniah Orange the receipt whereof is hereby acknowledged have bargained Sold and confirmed and by these _________ into doth bargain Sell and convey and confirm unto the said Zephaniah Orange seventeen acres of land be the same more or less in Smith County on the waters of Hickmans creek & beginning on _________________ Bartlett James South East Corner Thence South with _______ said Orange line ninety poles to a rock Thence East Sixty poles to dogwood Thence a conditional line to the beginning to have and hold the above bargained premises with all the appurtenances thereunto belonging to the said Zephaniah Orange and his heirs and the said John Gwaltney forever and his heirs will warrant and forever defend the same bargained land unto the same Zephaniah Orange his heirs and assigns forever from the claim of all persons lawfully claiming in testimony whereof I the said John Gwaltney for have hereunto set my hand and affix to my seal the day an date above written

John Gwaltney (Seal)

Signed sealed and delivered in

presence of us

Joshua Sykes

Wm W Jones

State of Tennessee Smith County

Personally appeared before me John A Burnett Clerk of Smith County Court Joshua Sykes and William W Jones Subscribing witness to the within deed of Conveyance who being first Sworn dispose and Say that they are acquainted with John Gwaltney the within Bargainer and that he acknowledges the same in the their presence to be his act and deed upon the day & bears date Witness my hand at Office the 21^st April 1845

John A. Burnett Clerk

Rec April 23 1845 at ___ oclk am of Smith County Court

Regd April 23^rd 1845

Nathan B Burdine Regr

of Smith County

************************************************

John H. Gordon vs. John P and Solomon I. Williams, 16 Jan 1834

The original document as copied from the Smith County, Tennessee Court House. The copy, and transcriptions were done by, Gail and Vernon H. Drewa in August 2002.

John H. Gordon ]

vs. ] Orig. & _______ Bill

Solomon I. & John P. Williams]

Be it remembered that on this day the 16^th of January 1834 the above causes came on to be heard upon the bills, answers, replications & proof before the Hon. William A. Cook Chancellor _________ and the whole matter being seen & fully understood by the Court & the Court having no ground to make Deft. John P. Williams in anyway liable to loose his claims against the partners John H & Solomon I but that the same has been properly and legally heretofore awarded him; and that he the said John P. is in no way responsible to the said John H. for any default of his copartner the said Solomon I as stated in his bill – orders & decrees that the said bill be dismissed as to the said John P and in as much as the Court cannot___ fully have the partnership accounts really stands between the partners the said Solomon I & John H. It is therefore ordered that case be referred to the Clerks and Master to take an account of all the past partnership transactions between them, and that he have power to examine either of or the state of accounts between the parties or any witnesses or lawful proof that either of them may address and that he state a full account between them and report to the next term of this Court – and that the Complt. John H. pay the cost of making said John P. Williams a party to cause.

Court adjourned to tomorrow morning 9 o’clock.

Will A. Cook

Byrd Orange – Conveyance -1834

The original deed as copied from the Smith County, Tennessee Court House. The copy, and transcriptions were done by, Gail and Vernon H. Drewa in August 2001.

This Indenture made this twenty sixth day of November in the year of our Lord one thousand eight hundred & thirty four between Byrd Orange of the one part and John H Haltum of the other to and both of the State of Tennessee & County of Smith witnesseth that the said Byrd Orange for and in consideration of the sum of two hundred & seventy two dollars to him in hand paid by the said John Haltum the receipt whereof is hereby acknowledged and bargained and conveyed and by these presents do bargain sell & convey unto the said John Haltum a certain tract or parcel of land in the County of Smith on the waters of Mulhering Creek containing thirty seven and a half acres lying and bounded as follows. Beginning at a dogwood_____ corner to John Gordon’s running South fifty five poles to a stake & dogwood in Said Gordon’s line therein west 108 poles to a stake thence North 55 poles to three beeches in to _____ Cockram’s line thence East with said line to the beginning to have and to hold to the said John Haltum

His heirs and assigns forever the aforesaid premises & I the said doth command and agree to and with the said John Haltum that he the said Byrd Orange will warrant and forever defend the aforesaid bargained premises to the said John Haltum his heirs & against the right title claim interest lien and of all persons whatsoever In testimony whereof the said Byrd Orange here unto has set his hand affixed and his seal this date and year above written. Signed Sealed & Delivered

Byrd Orange (Seal)

Attest

State of Tennessee |

Smith County | Personally appeared before me Jonathan Pickett , clerk of Smith County Court—Byrd orange, the bargainor named in the within deed of conveyance for the purposes therein contained. Witnesseth my hand at office this ___________ day of December 1835

Jonathan Pickett Clerk

of Smith County Court

Registered Jany 9^th 1835

Harry Hogg Regt of

Smith County

************************************************************************

John Gordon vs. Solomon Williams - July 1834

The original document as copied from the Smith County, Tennessee Court House/Library or Tennessee State Archives. The copy, and transcriptions were done by, Gail and Vernon H. Drewa in August 2001.

Thursday July 15, 1834

John H. Gordon ]

vs. ] O & Bill

Solomon T. Williams ]

This cause is continued by consent and it is ordered by the Court on motion of complainant that the order of reference of last term be renewed and master report at the next term.

John H. Gordon vs. Solomon & James P. Williams – January 1834

The original document as copied from the Smith County, Tennessee Court House/Library or Tennessee State Archives. The copy, and transcriptions were

done by, Gail and Vernon H. Drewa in August 2001.

Thursday 16 January 1834, P301 & 302 Chancery Court Minutes , Smith County, Tennessee. 1824- 1871

John H. Gordon ]

vs. ] Orig & Prop Bill

Sol. T. & James P. Williams ]

Be it remembered that on this day the 16^th of January 1834 the above causes came on to be heard upon the bills, answers, reflections & proof before the Hon. William A. Ross Chancellor _________ and the whole matter being seen & fully understood by the Court & the Court hearing no ground to make defendant John P. Williams in anyway liable to loose his claims against the partners John H. & Solomon T. but that the same has been properly and legally heretofore awarded him and that he the said John P. is in no way responsible to said John H. for any default of his copartner the said Solomon T. as stated in his bill – orders & decrees that the said bill be dismissed as to the said John P. and in as much as the Court cannot ______ fully have the partnership accounts really stands between the parting the said Solomon T. & John H. It is therefore ordered that care be referred to the clerk & master to take on account of all the partnership transactions between them and that he have power to examine either of said parties and to call upon them for all books and papers relating to said partnership concern on the state of accounts between the parties or any form of witnesses or lawful proof that either of them may address and that he state a full amount between them & report to the next term of this Court – and that the Complainant John H. pay the cost of making said John P. Williams a party to cause. Court adjourned to tomorrow morning 9 oclock.

Will A. Cook

John H. Gordon vs. S. T. Williams – July 1834

The original document as copied from the Smith County, Tennessee Court House/Library or Tennessee State Archives. The copy, and transcriptions were

done by, Gail and Vernon H. Drewa in August 2001.

Chancery Court minutes 1824 – 1871, Smith County, Tennessee

Tuesday July 15^th 1834

John H. Gordon ]

vs. ] Odd Bill

Solomon T. Williams ]

This cause is continued by consent and it is ordered by the Court on motion of complainant that the order of reference of last term be renewed and the master report at the next term.

Yearby Orange to Byrd Orange – 1834

The original deed as copied from the Smith County, Tennessee Court House. The copy, and transcriptions were done by, Gail and Vernon H. Drewa in August 2001.

This Indenture made this twenty fourth day of November in the year of our Lord one thousand eight hundred and thirty four between Byrd Orange of Smith County and State of Tennessee of the one part and Yearby Orange of the same place of the other part witnesseth that the aforesaid Byrd Orange for and in consideration of one hundred and eleven dollars to him in hand paid by the aforesaid Yearby the receipt whereof is hereby acknowledged hath given granted sold and conveyed unto the said Yearby Orange his heirs and assigns forever a certain tract or parcel of land containing thirty seven acres more or less situated in the aforesaid County of Smith on the waters of the Cany fork beginning on two beeches South west corner of a tract which John Gordon purchased of John Orange then North with said line twenty six poles to a beech and dogwood then West one hundred and eight poles to a Stake then North fifty five poles to three beeches in Cockerhams line then West with said line thirty eight poles to a beech and Elm Cockerhams Southwest corner then South eighty one poles to a Sugartree corner to John Gordon then east with Gordons line to the beginning to have and to hold the aforesaid tract of land and bargained premises with all and Singular the rights profits emoluments unto hereditaments and appurtenances of in and to the same belonging or in any wise appertaining to the only proper use and behoof of him the aforesaid Yearby Orange his heirs and assigns forever and the aforesaid Byrd Orange for himself his heirs & doth covenant and agree to _____ and with the said Yearby Orange his heirs & that the before received land and bargained premises he will warrant and forever defend against the right title interest or claim of all and every person or persons whatsoever

Signed Sealed and delivered in presence of us

John Gordon | Byrd Orange (Seal)

John A Farmer |

Cyrus W Hazard |

State of Tennessee |

Smith County | October Term 1836 Then the execution of the foregoing deed from Byrd Orange to Yearby Orange bearing date the 24^th day of November 1834was produced in open court and was duly proven in open court by the oaths of John Gordon and John A Farmer the subscribing witness and on motion ordered to be certified for registration

John J Burnett Clerk

John H. Gordon vs. S. T. Williams – July 1835

The original document as copied from the Smith County, Tennessee Court House/Library or Tennessee State Archives. The copy, and transcriptions were

done by, Gail and Vernon H. Drewa in August 2001.

Chancery Court Minutes 1824 –1871, Smith County, Tennessee, Page 358

Monday 13^th July Term 1835

John H. Gordon ]

vs. ] O & Inj. Bill

Solomon T. Williams ]

It is ordered adjudged & decreed by the Court that the order of reference heretofore made in this cause be renewed and that the clerk & master report to the next Court as heretofore directed in said order of reference.

Yearby Orange-John H Gordon 1835

The original deed as copied from the Smith County, Tennessee Court House. The copy, and transcriptions were done by, Gail and Vernon H. Drewa in August 2001.

Know all men by these present that I Yerby Orange of Smith County Tennessee for and in consideration of a note of hand given by me to John H Gordon dated the 18^th date of Sept 1835 due the 25^th of Dec 1830 for the sum of fifty eight dollars 43 1/4/100 a loan accruent due to said John H Gordon for the sum of fifteen dollars and for the further consideration of the sum of one dollar to him in hand paid by Champion T Thomas of said County & State & the said Orange for the above consideration have this day sold and delivered to said C T Thomas in trust the following property viz thirty seven head of Hoggs one yoke of bulls , nine _____one mare________, one Negro woman by the name of Becky, one clock, two beds & furniture & household & Kitchen furniture all my present, crops of corn & fodder all of which property I the said Orange have delivered to said Thomas and I do hereby constitute & appoint him the said property or any part thereof to public sale by giving at least twenty day notice of the time and place of sale, that is to say, the Corn & fodder on the 25^th of March next and the remainder on the 1^st day of Sept 1836 or anytime thereafter that said J H Gordon may direct and said there as trustee as aforesaid shall pay the remainder if any then may be after paying said several sums as described above together with all legal expenses for executing this trust deed over to said Orange Witness whereof I hereunto set my hand and affixed my seal this 18^th day of Sept 1835 Indenture before assigned

Yerby Orange (Seal)

Test John Gordon Wm M Gordon

State of Tennessee |

Smith County | Personally appeared before me Jonathan Pickett Clerk of Smith County Court Yerby Orange the bargainer with wherein I am personally acquainted and who acknowledged that he executed the within deed in Court for the purposes therein contained, upon the day and the date thereof witness my hand at office this 13^th day of October 1835

Jonathan Pickett Clerk

of Smith County

Registered October 21 1835

Harvey Hogg Reg of Smith County

John Gordon vs. Solomon Williams – July 1835

The original document as copied from the Smith County, Tennessee Court House/Library or Tennessee State Archives. The copy, and transcriptions were done by, Gail and Vernon H. Drewa in August 2001.

Friday 10^th July Term 1835

John H. Gordon ]

vs. ] O & Injunction Bill

Solomon T. Williams ]

It is ordered adjudged and decreed by the Court that the order of reference heretofore made in this cause be renewed and the Clerk & Master report to the next Court as heretofore directed in said order of reference.

Yearby Orange Conveyance-1837

The original deed as copied from the Smith County, Tennessee Court House. The copy, and transcriptions were done by, Gail and Vernon H. Drewa in August 2001.

Whereas Yearby Orange conveyed to the undersigned on the 28^th day of April 1837 by deed absolute an its for a tract of land containing thirty seven acres by estimation more or less being the same tract conveyed to Yearby Orange y Byrd Orange by deed bearing date the 24^th day of Nov 1834 and being the same tract wherein said Yearby then lived and continued to live up to this time _____________ _______________ to the State of Kentucky lying in District No 15 Smith County Tennessee and whereas the said deed being intended as a Mortgage. The undersigned did on the 6^th day of May 18______ executed to said Yearby a deed of ________ obligation to __________ to said Yearby his heirs or assigns said tract of land when the amount of one hundred and thirty four dollars or thereabouts in notes sold by the undersigned as said Yearby was paid.

And whereas the undersigned filed a bill in Chancery at Carthage on this 22^nd day of October 18____ to foreclose the aforesaid Mortgage and upon final hearing in chancery at August Term 1833 the sum of two hundred and thirty six dollars 70 cents was decreed to the undersigned and which time with the interest accrued thereto has been paid (this receipt whereof is hereby acknowledged ) into the hands of the undersigned by Francis M. Orange who appeared from the proceedings in said Chancery suit to be the assigned said conveyance of the said Yearby to the aforesaid tract of land being filed the aforesaid de________ assigned to him and his deed Now therefore I John Gordon the undersigned for and in consideration of the premises I hereby transfer and convey to said Frances M. Orange his heirs and assigns all the right title and interest in by virtue of the aforesaid conveyance of the said Yearby and bind myself heirs and representatives to warrant and defend said right title and interest in and to said tract of land within the appurtenances thereto belong to the said Francis M. Orange his heirs and assigns against any claim set up by myself or any person claiming under or through __________ but no further. Signed Sealed and Delivered in the presence of this 29^th day of November 1835

__________________ Before ______________

John Gordon ( Seal )

Witness

F. H. Gordon

John W. Bowen

Elizabeth Gordon Will - 1837

The original document as copied from the Smith County, Tennessee Court House/Library or Tennessee State Archives. The copy, and transcriptions were

done by, Gail and Vernon H. Drewa in August 2001.

The last will and testament of Elizabeth Gordon. Being of sound mind and disposing memory an in apprehension of the near approach of death to which I am calmly resigned.

Item 1. It is my will that as soon after my death as convenient my effects shall be sold and the proceeds there of after paying all my just debts and defraying my funeral expenses be divided equally among all my children and their heirs with following provisions.

Item 2. It is my will that my four children now with me to wit, Mary Jackson, Bythella Haynes, Jane Hall and daughter in order that they may be equal to those who have married shall each have a bed & bed furniture as nearly equal to those who have had bed as can be and that my daughter Francis Amis Givens shall have a bed equal to all the others. She having not as yet had a bed.

I hereby appoint Stockard W. Coffee as my executor to carry and effect this my last will and testament.

Jan 18th 1837

(her

Test: John W. Bowen ] Elizabeth X Gordon

Geo M. Gordon ] mark)

Codicil

Whereas I have this ___________ as my last will and testament in which I direct all of my effects to be sold as soon after my death as convenient and the proceeds divided equally among all of my children & and their heirs after paying all my just debts and defraying my funeral expenses with the exception of a bed to each my children who have not had beds, but after further reflection & conversation with my children I have concluded to will & bequeath to my beloved daughter Mary Jackson my negro girl Hannah during her natural life which I hereby do it is further my will that at the death of my said daughter Mary Jackson the said negro girl and her increase shall be divided equally among all my children. I make this provision because of the affliction of my daughter Mary Jackson that she may have someone to wait on her & take care of her during her life. Therefore and said estate take this as a codicil to my last will and testament.

January 18th 1837

(her

Elizabeth X Gordon

mark)

John W. Bowen & Geo M. Gordon

Tennessee ] County Court Aug Term 1837, This the last will and testament of

Smith County ] Elizabeth Gordon deceased was produced in open Court for probate & who duly appeared in open Court by the oaths of John W. Bowen & Geo M. Gordon do hereby witness thereto whereon motion said last will and testament were ordered to be filed & recorded.

Witness

D. C. Sanders Clk.

Record this 15^th day of

Aug 1857 _____ file date 1857.

Yearby Orange- Thomas– 1837

The original deed as copied from the Smith County, Tennessee Court House. The copy, and transcriptions were done by, Gail and Vernon H. Drewa in August 2001.

I Yearby Orange have this day bargained and sold and by and do hereby convey to Champion T. Thomas for the sum of one Dollar to me in hand paid and the other considerations herein after mentioned a Negro woman named Rebecca twenty eight head of hogs two beds and furniture and one cupboard one clock to have and to hold the same to the said Champion T. Thomas his heirs and assigns forever but this Deed of sale is made for the following uses & Grants and for no other purpose that is to say I am indebted to John Gordon in sum of eighty three Dollars & and 6 cents by two notes under seal one due 28^th Febry 1835 and the other of this date also a Book account of this years Dealing not yet posted but will more fully show the amount by reference to the Books all of said several Debts I am Desirus to secure and make certain the payment of the same. Now if I should pay the said Debts on or before the first day of December must then this deed to be void but if I should not then the said “Champion” T Thomas after advertising according to law may ____ the said Negro woman twenty eight hogs and the two beds and furniture & cupboard one clock to put the sale and sell to the highest bidder for cash and appropriate the proceeds first to the payment of expenses and cost secondly to the satisfaction of said Debts and kindly to pay the balance if any this be to me this 6^th May 1837

Yearby Orange ( Seal)

State of Tennessee |

Smith County | Personally appeared before me John A Barnett clerk of Smith County Court Yearby Orange the within named bargainer with whom I am personally acquainted and who acknowledged that he executed the written deed in trust to Champion T. Thomas trustee bearing date the 6^th day of May 1837 for the purpose therein contained witness my hand at office this 6^th day of June 1837

John A. Barnett Clerk

of Smith County Clerk

Registered June 6^th 1837

H. Z. Cozy Registrar of Smith County

Yearby Orange – 1837

The original deed as copied from the Smith County, Tennessee Court House. The copy, and transcriptions were done by, Gail and Vernon H. Drewa in August 2001.

This indenture made this twenty eight day of April in the year of our Lord one thousand eight hundred and thirty seven between Yearby Orange of Smith County and State of Tennessee of the one part and John Gordon of the same county and state of the other part witnesseth that the aforesaid Yearby Orange for and in consideration for and in consideration of Two hundred and seventy seven dollars to him in hand paid the receipt whereof is hereby acknowledged hath bargained sold transferred and conveyed unto him the aforementioned John Gordon his heirs and assigns forever a certain tract or parcel of land containing thirty seven acres be the same more or less being the same tact conveyed to said Yearby by Byrd Orange by deed bearing date the twenty fourth day of November one thousand eight hundred and thirty four and being the tract wherein the aforesaid Yearby now lives to have and to hold the before __________ land and bargained premises unto the aforesaid John Gordon and his heirs forever and the afore mentioned Yearby Orange will warrant and forever defend the same against the lawful claim or desires of each and every person or persons In any _____ claiming whatsoever

Yearby Orange (Seal)

Test

C T Thomas

Alfred Harper

State of Tennessee |

Smith County | Personally appeared before me John J. Burnett Clerk of Smith County Court C T Thomas and Alfred Harper subscribing witness to the ________ deed of conveyance from Yearby Orange to John Gordon for 37 acres of land who being first sworn dispose and say that they are acquainted with Yearby Orange the within named bargainer and that he acknowledge the same in their presence to be his act and deed upon the day to bear date witness my hand at office the 3^rd day of May 1838

John J Burnett clerk

Registered May 5^th 1838

Harry Hogg Reg of Smith County

************************************************************************

Thomas Harper vs. Merrit Lyon – 25 Feb 1839

The original document as copied from the Smith County, Tennessee Court House. The copy, and transcriptions were done by, Gail and Vernon H. Drewa in August 2002.

Thos Harper ]

vs. ] Inj. Bill

Merrit Lyon ]

This cause came on 25 day of February Term 1839 on motion to dissolve the injunction heretofore granted & bill and answer & exhibited & it appearing to the satisfaction of the Court that the answer denies all the equity of the bill, it is therefore ordered adjudged and decreed by the Court that the injunction in this could be dissolved and that execution ______ as at law from this Court in favor of the deft against the complainant and Benjamin Harper & (Note: next four or five words were not copied for me by Court Clerk. VHD)

Injunction of an two hundred & sixty four dollars and 91 ct. the amount of the judgement at law with interest from the time of their mediation; upon the debits entering into bond & approved security in double the amount to refund the same, if so ordered on a final decree.

Gordon & Related Family Marriages ( White & Colored ) 1838-1880

Smith County, Tennessee Marriage

Extracts

Plus marriages of Gordon’s ex-slaves. Dates identified where information provided.

The original document as copied from the Smith County, Tennessee Court House/Library or Tennessee State Archives. The copy, and transcriptions were

done by, Gail and Vernon H. Drewa in August 2001.

The following information was obtained from the Carthage, Tennessee Library

John H. Gordon Issued: June 25, 1868

to Solemnized: June 25, 1868

Miss Susan Alexander By: D. H. Suite, J. P.

Simon Ballenger, Col Issued: January 1, 1867

to Solemnized: no date or

Netty Gordon, Col signature on return

Enoch Boulton, Col Issued: March 24, 1866

to Solemnized: March 25, 1866

Rhody Gordon By: I. W. King, M. G.

Francis H. Gordon Issued: February 13, 1838

to Solemnized: Feb. 15, 1838

Catherine C. Moore By: John W. Brown, M. G.

Mathew A. L. Gordon Issued: March 20, 1849

to Solemnized: March 22, 1849

Lucy L. Ward By: J. R. James, J. P.

Francis M. Orange Issued: April 27, 1853

to Solemnized: April 28, 1853

Martha McGee By: Wm. B. Whitley, J. P.

James Haynes Issued: November 12, 1847

to Solemnized: Nov. 25, 1847

Mahala McCall By: Joel Whitten, M. G.

Henry Givens Issued: June 7, 1855

to Solemnized: June 7, 1855

Elizabeth Gordon By: Wm. B. Whitley, J. P.

Archibald Givin Issued: October 18, 1855

to Solemnized: Oct. 18, 1855

Francis Gordon By Wm. B. Whitley, J. P.

Wm. Minton Issued: June 14, 1856

to Solemnized: June 14, 1856

Matilda Gordon By Wm. B. Whitley, J. P.

George W. Gordon Issued: Jan. ? , 1864

to No return

Parnetha J. Massey

Gilbert Gordon, Col Issued: February 17, 1866

to Solemnized: Feb 29, 1866

Eliza J. Gordon, Col By: I. W. King, M. G.

Edwin Gordon, Col Issued: March 5, 1866

to Solemnized: March 8, 1866

Ann Gordon, Col By: Wm. B. Whitley, J. P.

David Gordon, Col Issued: March 17, 1866

to Solemnized: March 31, 1866

Malinda Gordon By: Wm. B. Whitley, J. P.

Isaac Baker, Col Issued: March 17, 1866

to Solemnized: March 26, 1866

Fannie Gordon, Col By: I. W. King, M. G.

Patrick Gordon, Col Issued: March 17, 1866

to Solemnized: March 26, 1866

Vina Harper, Col By: I. W. King, M. G.

Alfred L. Gordon, Col Issued: March 26, 1866

to Solemnized: March 26, 1866

Harriett Gordon, Col By: B. F. Atwood, J. P.

Eli P. Gordon, Col Issued: March 26, 1866

to Solemnized: April 1, 1866

Phillis Thomas, Col By: D. M. Bradford, J. P.

Lerie Gordon, Col (Levi?) Issued: March 27, 1866

to Solemnized: March 31, 1866

Eliza Gordon, Col By: D. A. Tyree, J. P.

John Gordon, Col Issued: March 31, 1866

to Solemnized: (?) March 15, 1866

Lucy Payne, Col By: A. Rigsby, J. P.

Moses Contron, Col Issued: April 2, 1866

to Solemnized: April 4, 1866

Martha Gordon, Col By: D. H. Suite, J. P.

Jeff Gordon, Col Issued: April 16, 1866

to Solemnized April 23, 1866

Caroline Allen, Col By: C. C. Ford, J. P.

Mortemo Gordon, Col Issued: May 2, 1866

to Solemnized: May 27, 1866

Rachel Furgurson, Col By. H. L. Trawick, M. G.

E. S. Williams Issued: May 30, 1866

to Solemnized: May 31, 1866

Sarah Alice Gordon By: M. M. Felton (?) , M. G.

John W. Gordon Issued: June 25, 1868

to Executed: 25 June 1868

Susan Alexander By: D. H. Suit, J. P.

Quens Allen, Colored Issued: December 28, 1867

to Solemnized: license returned

Sarah J. Gordon, Col with no date or signature

John W. Glasgow Issued: January 28 1868

to Solemnized: Jan. 28, 1868

Mary Gordon By: Rev. W. J. Price

Felix G. Perkins Issued: November 24^th, 1869

to Executed: November 25^th 1869

Frances E. Gordon By: D. R. Timberlake, M. G.

Henderson Tubbs, Col Issued: December 20, 1869

to Solemnized: 22 Dec. 1869

Salena Gordon, Col By: F. E. Buckner, J. P.

Thomas Ward, Col Issued: May 23, 1870

to Solemnized: May 29, 1870

Bettie F. Gordon, Col By: Ira W. King

George W. Gordon Issued. October 25, 1873

to Solemnized: October 26, 1873

Dialtha C. Coffee By: Elijah Dickens, M. G.

Aron Webb Bond Issued Oct. 30, 1880

to No license or return

Lean Gordon recorded

J. H. Gordon Issued Jan 21. 1880

to Sol. Jan. 22. 1880

J. H. Perkins By D. N. Jarrard M. G.

Dop Gordon Issued Dec. 23. 1879

to Sol. Dec. 23, 1879

Susan Cowan By Gilbert Bridgewater M. G.

Philip Gordon, Col Issued Dec. 15, 1880

to Sol. Dec. 16, 1880

Evaline Boulton, Col By. C. L. Seward M. G.

Dillard McDonald Issued Dec. 23, 1879

to Sol. Dec. 25, 1879

Winnie Gordon By David Whitley M. G.

Harry Hogan Issued March 23^rd 1877

to Executed March 24^th 1877

Manerva Gordon By: H. L. Trawick M. G.

Eli Gordon Iss. March 26^th, 1866

to Sol. April 1^st, 1866

Phillis Thomas By: D. M Bradford, J. P.

John Haynes Iss: January 14^th, 1876

to Sol: January 17, 1876

Rachel Webb By: James A. Barrett, J. P.

Wm. Gordon, Col Iss. May 16^th, 1873

to Sol. May 17^th, 1873

Sarah Bridgewater, Col By: J. A. Barrett, J. P.

Alfred Gibbs Iss. Dec. 29, 1874

to Sol. Dec. 30, 1874

Callie Gorden By D. W. Jarrard M. G.

Thomas Harper vs. Merrit Lyon – February 1839

The original document as copied from the Smith County, Tennessee Court House/Library or Tennessee State Archives. The copy, and transcriptions were done by, Gail and Vernon H. Drewa in August 2001.

Thomas Harper ]

vs. ] Inj. Bill

Merrit Lyon ]

This cause came on 25 day of February Term 1839 on motion to dissolve the Injunction heretofore granted & ___________ & answer & exhibited to be heard & it appearing to the satisfaction of the Court that the answer denied all the equity of the bill, it is therefore ordered adjudged & decreed by the Court that the injunction in this cause be dissolved & that execution __________ as at law from this Court in favor of the deft against the complainant and Benjamin Harper & ______________ his ________ on ________. (Note: This Document was on page 493 of year 1839 at Smith County Court House. Clerk failed to copy ending to this document. Vernon Drewa)

Stephen Haynes to Haley S. Young- August 1840

The original document as copied from the Smith County, Tennessee Court House/Library or Tennessee State Archives. The copy, and transcriptions were

done by, Gail and Vernon H. Drewa in August 2001.

Know all men by these present that I Stephen Haynes of Smith County and State of Tennessee for a consideration of one dollar to me in hand paid by Haley S. Young of Smith County and State aforesaid do bargain sell and delivere to the said Haley S. Young all of my crop of Tobacco that I have raised this year on the Plantation where I now live on the waters of Defeated Creek the said Haley S Young is fully authorized to enter into and upon said farm either by himself or his agent for the purpose of preparing said Tobacco for Market. To have and to hold to the said Haley S. Young his heirs & forever in trust. Nevertheless for the uses and purposes following Whereas I am justly indebted to McClelin and Hogg by note due 28^th May 1837for four dollars 77 ½ cents also book account for six dollars also one note for thirty dollars due 26^th of August 1840 – Now if I fail to pay Andrew McClelin and Sampson McClelin the above mentioned sums of money on or before the first day of June next, the said Haly S. Young shall whenever thereafter requested by Anderw McClelin or Sampson McClelin proceed to sell said crops of tobacco for cash to the highest bidder after giving ten days notice by advertisement at three different places in the neighborhood or should said S. McClelin desire it said – Young is authorized to ship said tobacco to Orleans and receive the proceeds of sale. And first pay all Expenses of said deed and second pay all the above mentioned sums of money and after said payments is made if any balance remains it is to be paid over to said Haynes. Witness my hand and seal the 27^th day of August 1840.

Stephen Haynes [Seal]

William M. Gordon vs. Exum Whitley – January 1840

The original document as copied from the Smith County, Tennessee Court House/Library or Tennessee State Archives. The copy, and transcriptions were

done by, Gail and Vernon H. Drewa in August 2001.

Chancery Court Minutes 1824-1871, Smith County, P-196, 197, 198, 199, 200 & 201

31^st January 1840

William M. Gordon ]

vs. ] Inj. Bill

Exum Whitley & others ]

To the Honorable Thomas L. Williams Chancellor for the eastern division of the State of Tennessee appointed to hold the Chancery Court at Carthage, Smith County. The bill of complaint of William M. Gordon at present a citizen of the County of Smith and State of Tennessee against Exum Whitley also a citizen of Smith County, Tennessee administrator with the will annexed of Matthew Harper, deceased & Grogan Harper a citizen of Leake County State of Mississippi. Your orator would respectfully show to your honor that on or about the 1^st of January 1837 the said Grogan became indebted to your orator in the sum of twenty five dollars moneys expended and paid out at ____ the said Grogans special instance and request to William Harper and for the further sum of one hundred and twenty five dollars cash advanced and various other articles such as bacon, corn, salt etc to said Grogan at his special instance and request and the said Grogan became indebted to your orator in the further sum of thirty dollars money expended and laid out at the special instance and request of him the said Grogan to William G. Lord some time in January 1839 an account of all which claims will be filed on or before the final hearing of the cause marked A, a part of which claims your orator will abundantly prove, but a part of said account your orator cannot so fully prove in any other way as by defendant Grogan answer to this bill of complaint. Your orator would further show that said Grogan as wholly insolvent so much so that your orator deemed it wholly useless to take judgements against him for said debts as nothing can be made out of him by coercion at this time. Your orator would further represent to your honor that Matthew Harper a citizen of Smith County Tennessee for many years until the time of his death on 23^rd day of October last 1839, and that at the November session of the County Court for the County of Smith said Exum Whitley was appointed administrator with the will annexed of said Matthew deceased and was fully qualified _____. Your orator represents that said Grogan is a son and heir at law of the said Matthew deceased and entitled according to the provisions of said will to one twelfth part of all the estate both real and personal of which the said Matthew deed seized and possessed a copy of which last will and testament is herewith filed and prayed to be taken as part of complainants bill Marked exhibit B (said exhibit not filed). Your orator further shows that said Exum proceeded to sell on the _______ day of November 1839 a part of the property of said testator such as horses, cattle, wagon, oxcart some wheat and various other articles the sale of which amounted to ________ dollars. Your orator further shows that there were several debts etc due to said testator at the time of his death amounting to a considerable sum all of which debts are in the possession of said Exum and your orator would further show that at the term December session of the current Court of Smith County the said Exum administrator as aforesaid filed a petition in said Court and obtained an order for the sale of eight negroes belonging to the estate of his testator the names of which are set forth in said petition. The said Exum charges in his said petition that the estate of his testator is very little indebted and that the whole of the proceeds of said negroes and the __________ greater part of the proceeds of the other property & debts due to the estate of said testator will be subject to distribution amongst the twelve children of said testator. Your orator would further show to your honor that exclusive of the land given to the widow in lieu of dower the real estate of which said Matthew died seized is of inconsiderable value and that the interest of said Grogan in his said real estate will fall far short of paying said debts, and your orator believes and so charges that the only safe recourse for satisfaction of said debts is out of the distributive share of said Grogan in the personal property and debts aforesaid. Your orator further states he is fearful that he will be deprived of this without the timely interpretation of a Court of Chancery. At this time your orator is wholly without remedy save in a Court of Chancery for this that said Grogan is a citizen of the State of Mississippi and beyond the __________ of the Court of Tennessee and before your orator could obtain judgements at law, he greatly fears that said Grogan would either receive or transfer his distributive share of said estate and thereby defeat your orator of the only opportunity of collecting his debts aforesaid. Your orator prays that said Exum Whitley as administrator as aforesaid be enjoined from paying over to said Grogan Harper his distributive share of the said estate or the proceeds of the sale of said slaves or of said debts or other property and that the same may be rendered liable for the satisfaction of your orators debts against said Grogan when said proceeds of sale and other debt shall have been collected by said administration. Your orator believes and so charges that there is no other property real or personal of said Grogan known to your orator that could be rendered liable for the satisfaction said several debts except his distributive share under his fathers will, he is reported to be insolvent. Your orator prays that said Exum Whitley administrator as aforesaid and the said Grogan Harper be defendant to this bill, that subpaenas & copies issue and that they full and complete answer make to every allegation set forth in this bill in as full and ample a manner as if the same were special interrogations. And your orator also prays that an account be taken of said debts, and that the same may be satisfied out of the distributive share of said Grogan in said estate, that said Exum as administrator answer and disclose or discover when and to whom said negroes were sold and for what amount and when and to whom the other property have been sold and for what amount and from whom any debts may be owing to said estate and what amount and when all of said debts for sales or otherwise are or will be due and whether the situation testators estate will admit distribution of the proceeds of the said sales and other effects as soon as collected. Your orator prays that said Grogan Harper be required to answer whether he owes said debts or accounts and whether the same remains due and unpaid. May it please your Honor to grant to your orator such further and other relief as the nature of this case may required and as to your honor may seem equitable and just, and for as much as your orator fears that said Grogan may sell or transfer his interest said estate, or that said Whitley as administrator may pay the same to said Grogan unless restrained. May it please your honor to grant your orator an injunction, restraining said Grogan from selling or transferring his interest in said estate or any part thereof, also restraining said Whitley administrator as aforesaid from paying over to said Grogan or any vender of said Grogan the amount of his distributive share or any part thereof: this is the first application for an injunction in this case, and as in duty bound your orator will ever pray.

H. B. McDonald Solicitor for Complainant

Tennessee ]

Smith County ] Came William M. Gordon complainant in foregoing bill against Grogan Harper & Exum Whitley administrator _______________ before me Abraham Caruthers Judge of the 4^th Judicial Circuit of said State and made oath in deed form of law that the defendant Grogan is a resident of the State of Mississippi, that the debts stated in the bill are justly due to him from said Grogan and that all the statements made in said bill as of by own knowledge are true and those make as on information he believes to be true and subscribed his name hereto in my presence this 30^th of January 1840.

Ab. Caruthers, Judge William M. Gordon

To the clerk & master of the Chancery Court at Carthage: Issue an attachment as prayed in the foregoing bill to seize the property of the defendant Grogan of the estate of M. Harper deceased & to prevent the administrator Whitley from paying over to said Grogan any portion of his legacy or distributive share of said estate until complainant debt is satisfied. Complainant first giving bond and security in double the amount of the debts claimed by him. To answer all costs and damages that defendant may sustain by reason of the attachments being wrongfully sued out. Given under my hand at ________rassland this 30^th January 1840, and after the first in the case of John Gordon against said defendants.

Ab. Caruthers Judge

4^th Judicial Circuit

Exum Whitley’s answer. The separate answers of Exum Whitley administrator with the will annexed of Matthew Harper deceased to the bill of William M. Gordon filed in the Chancery Court at Carthage against him and Grogan Harper. Respondent for answer to such parts of said bill as he advised concenses him says: He admits the death of Mathew Harper, and the qualification of respondent as administrator with the will annexed as charged in the bill. Respondent also admits that said Grogan is a son of said Matthew and one of the litigators there being twelve of said children and litigators. Respondent has no knowledge of the state of accounts between said complainant and said Grogan, and knows nothing about the indebtedness of the latter to the former. Respondent admits that he filed a petition in Smith Circuit Court and obtained an order for the sale of eight negroes belonging to testators estate. Respondent has filed a copy of his inventory and accounts of sale as exhibit A to the ________________ of respondent to the bill of said John Gordon and he prays that said exhibit may be taken as part of his answer. By reference to said exhibit it will appear that

the cash on hand at testators death amounted to. l 228.00

the sale of perishable property of November 1839 l

amounted to. l 458.87

the debts due to testator by note and accounts l

amounted to l 1274.27

the sale of eight negroes 31^st January 1840 l

amounted to l 3745.___

and the sale of other perishable property l

amounted to l 8.00

__________________

Amounting in all to five thousand, seven hundred and

Thirty 96/100 dollars.. l 5713.96__________

Respondent believes that the debts due to testator may be collected, and he also believes that the notes due for sales of the personal property may be collected. Respondent however is unwilling to guaranty said collections. It is true that no debts of magnitude against testator have been made known to respondent, and respondent had estimated that the assets exclusive of the amount of the sales of the negroes, would be sufficient to pay all debts, speciallegacies and expenses of administration so as to leave the proceeds of the ale of said negroes subject to distribution according to the directions of testators will. But respondent may be mistaken in this estimate, and he submits the time of distribution to the honorable Court whenever collections are made and the estate settled. Respondent further answering says that James W. Smith Executor of John Owen deceased has filed a prior bill asking to have satisfaction of a judgement against said Grogan therein set forth out of the she share of said Grogan in the process of the sale of said eight negroes. John Gordon has also filed a bill asking satisfaction of a demand alleged to be due to him from said Grogan, out of the distributive share of said Grogan in the sales of said negroes and other personal property and other assets of said estate. After satisfying the judgement of said Smith respondent believes the distributive share of said Grogan will be insufficient to satisfy the demands of said John Gordon and William M. Gordon and respondent asks the aid and protection of the Court, in the premises. Respondent prays to be hereby dismissed with his cost.

Tennessee ]

Smith County] This 24 February 1840, Exum Whitley personally appeared before me Armstead in clerk and master of he Chancery Court at Carthage and made oath that the statements contained in the foregoing answer of his own knowledge are true and those stated from information and belief he believes to be true and subscribed the same before me.

_________ Clerk & Master Exum Whitley Administrator of

Matthew Harpers estate with the

will annexed.

(Exhibit A) Inventory & account of sales of Matthew Harper deceased.

Found on hand in money 228 / 00

One note on Alfred Harper due 25^th Dec 1839 61 / 00

2^nd On Little B. Hughes due 15^th May 1839 97 / 93

3^rd On Godfrey Gregory due 25^th Dec 1839 25 / 00

4^th On Richard Hodges due 25^th Dec 1839 10 / 00

5^th On John H.. Newbell due 8^th Aug 1840 119 /72

6^th On Logan Harper due 1^st January 1838 140 / 00

7^th On Logan Harper due 1^st January 1839 250 / 00

8^th On Henry Harper due 1^st November 1838 20 / 00

9^th On Henry Harper due 15^th February 1837 346 / 37 ½

10^th On Henry Harper due 1^st November 1837 150 / 50

11^th On Jane Craghead due 20^th June 1831. Bad Debt 48 / 00

Account on Nathan Word for 5 / 50

1502 / 02 ½

Sales notes by me.

1^st note on John Stevens 10 / 00

2^nd note on Matthew Harper 90 / 00

3^rd note on Matilda Gordon 48 / 75

4^th note on Alfred Harper 41 / 00

5^th note on Sarah Harper 10 / 75

6^th note on Josiah Davidson & W. W. Bailey 11 / 87 ½

7^th note on William M. Gordon 5 / 50

8^th note on Josiah Vanderpoole & Harvey Hogg 7 / 25

9^th note on W. P. Hughes & T. F. Patterson 10 / 62 ½

10^th note on Henry Baukman & R. D. Allison 38 / 00

11^th note on Logan Harper & Will Gordon 127 / 12 ½

12^th note on John Gullick & Campbell Crutchfield 41 / 25

13^th note on Logan Harper & Will Gordon 7 / 87 ½

14^th note Jackson Cookerham & David Prowell 8 / 93 ¾

$ 1960 / 96 ¼

John J. Barnett, Clerk

Supplementary of sales 31^st January 1840.

1 filly 5 / 00

1 stand of wheat 3 / 00

amounting to eight dollars 8 /00

Exum Whitley administrator with the will annexed of Matthew Harper deceased reports to Smith Circuit Court, that after giving the notice required by the decreed order of the December term 1838 of said Court he proceeded to sell the negroes in his petition mentioned at publick auction on a credit of 12 months at the late residence of testator on the 31^st January 1840, to with. Wyatt W. Bailey purchased negro

Charles for 165 / 00

Drury W. Denton 500 / 00

Matilda Gordon Louiza 236 / 00

Henry Harper Major 660 / 00

Andy 300 / 00

Levi 225 / 00

Lizey & Sear 999 / 00 2244 / 00____________

Amounting to three thousand

Seven hundred & forty five dollars 3745 / 00

And I have taken notes from the purchasers with approved security all which is respectfully reported. 14 February 1840

Exum Whitley administrator with

the will annexed.

Filed 14 February 1840. Hart, clerk

A copy from the report filed in Smith Circuit Court 17 February 1840. Hart. Clerk

(Replication) And the complainant by his solicitor for replication to the answer of Exum Whitley one of the defendants in this cause say that said answer is not sufficient in law & _______ and uncertain and he will maintain and prove his said bill to be true and prays as in and by said bill he has already prayed.

McDonald Solicitor for Complainant

(Bond) Know all men by these present that we William H. Gordon and John Gordon are held and firmly bound until Exum Whitley in the final sum of five hundred dollars, for the payment of which we bind ourselves and each of our heirs executors and administrators jointly and severally. Witness our hands and seals this 31^st day of January 1840. Whereas said William M. Gordon filed a bill of complaint in the Chancery Court at Carthage against said --- how the condition of the above obligation is such that if said William Gordon shall prosecute said bill with effect, or in case of failure pay all such damages and costs as may be decreed against him then the above obligation to be void, else remain in full force and virtue.

William M. Gordon [Seal]

by his attorney H. B. McDonald

John Gordon [Seal]

By his attorney H. B. McDonald

(August Term 1840) On motion of complainants, solicitor to dismiss said cause and for reasons appearing to the satisfaction of the Court it is therefore ordered, adjudged and decreed by the Court that the same be dismissed at complainants cost and that execution of said against complainant his security John Gordon for the cost of said suit.

(Note: Though the text and figures in the aforementioned transactions do not match, they have been transcribed exactly as they were written in the Court Records from the Tennessee State Archives. Vernon H. Drewa)

Ward vs. Harper – July 1840

The original document as copied from the Smith County, Tennessee Court House/Library or Tennessee State Archives. The copy, and transcriptions were

done by, Gail and Vernon H. Drewa in August 2001.

This Document is transcribed from a copy of the Chancery Court Minutes of Feb 1835 – Aug 1845, Tennessee State Archives.

N. Ward ]

vs. ]

James Harper et al ]

To the Honorable Broomfield L. Ridley Chancellor of the 4^th Chancery Division presiding at Carthage in the 3^rd district.

The Bill of Complaint of Nathan Ward against James Harper and Matthew Harper.

Your orator respectfully _____________ an to your honor that in the year our Lord one thousand eight hundred and forty on the __th day of July the ________ Matthew Harper assigned and delivered to your orator for a valuable consideration a certain promissory note made by the said James and payable to the said Matthew Harper on the first day of June next presseding the day when it was assigned and ~ delivered~ to your orator in which promisaory note the said James Harper promises to pay the sum of $75.00 and by the assignment and delivery aforesaid the said Matthew Harper deceased on the day & date aforesaid to wit on the 3^rd day of July ____________ became bound to pay your orator the said sum of $75.00 and by the assignment and delivery aforesaid appended to this ____ell marked exhibit A and prayed to taken as a part thereof. Your orator further showith that in the month of December 1840 he commenced suit against the defendants James Harper and the said Matthew Harper and obtained judgement against the said Matthew Harper on the 19^th December 1840 before John Gordon, Esquire an acting Justice of the Peace for said County Smith as _____________ more fully appears by reference to the warrant appended to this bill marked exhibit B __________ to be taken as a part thereof and which the judgement is endorsed for the sum of seventy seven 60/100 dollars. Your orator would further ___________ your _______ that the said James Harper was not a resident of the County of Smith at the time the judgement was obtained against the said Matthew Harper and as our orator understands and believes was wholly insolvent and that he has since left the State. Our orator further shoeth that execution filed against the said Matthew Harper on the 7^th day of January 1841 and the said execution was returned “Not Satisfied” as well more fully appears by reference to said execution appended to this bill marked exhibit C, and prayed to be taken as a part thereof your orator would further show unto you honor that on the 10^th day of September 1841 an alias execution issued said Matthew Harper which execution last mentioned was returned satisfied as will more fully appear by reference to said alias execution appended to this Bill marked exhibit D and prayed to be take a part there of. But your orator would further respectively show that whereas although the aforesaid alias execution purports by an endorsement on it to have been satisfied yet in fact it never was nor never has been satisfied and your orator never has received the aforesaid sum of $77.60 nor any part thereof as by the judgement aforesaid he was of right entitled to receive and your orator has been by the said Matthew fraudulently prevented and hindered from recovering the sum of $77.60 which by the judgement aforesaid he was of right entitled to received, and that the said Matthew Harper did by a by a fraud by him committed by which your orator was deceived influence your orator to agree to return the aforesaid alias execution satisfied which your orator never would have done but for the fraudulently manifestations of he said Matthew Harper. For your orator charges and says that the said Matthew Harper did defraud and deceive hi in that to wit that the said Matthew Harper proposed to pay your orator the aforesaid sum of $77.60 out of certain monies in the hands of one William B. Whitley administrator ____ _______ _____ of Matthew Harper deceased. The said William Be Whitley administrator as aforesaid agreed to pay your orator the said sum of $77.60 as soon as your orator would obtain the receipt. Of one Alfred Harper Guardian of the said Mathew as aforesaid and immediately returned the execution as satisfied this all was well known to the said Matthew who saw your orator obtain the receipt as aforesaid and knew well that your orator did immediately return the aforesaid alias execution satisfied. And yet the said Matthew Harper with the intention of defrauding went forthwith to the said William B. Whitley administrator as aforesaid before your orator could see him to present the receipt to him the said William B. Whitley administrator as aforesaid and the said Matthew obtain from him the said William B. administrator all of his share of his estate of his father the aforesaid Matthew Harper deceased by reason of which your orator did not received the money for the receipt aforesaid. Your orator further showith that by reason of the Court ______ fraud of the said Matthew Harper. He your oratory has been deprived of all remedy at law for the recovery of the aforesaid sum of $77.60 against the said Matthew although in practice and equity your orator is entitled to recover in consideration of the ____________ our orator respectfully prays your honor that the judgement aforesaid may be ____________ against the said Matthew Harper and have all the force and effect hat it ever had against the said Matthew Harper and that your honor decree that your orator recover the said sum of $77.60 together wit interest and costs against said Matthew Harper and give all other

and further relief. It shall appear to your honor your orator is in justice & equity entitled have in the premises and hat the said Matthew Harper be required to answer this Bill of Complaint of your orator as well what were in before stated & shows as that which shall herein after appear. And your orator would further show that he is informed and so charges that the said Matthew is wholly unsolvent but that as one of the heirs at law of the aforesaid Matthew Harper deceased the said Matthew has an individual interest in remainder to wit one twelfth part in a certain tract or parcel of land lying in the County of Smith on the east side of Mulheren Creek adjoining the land of Mrs. Mary A. Owen and John Gordon containing number of acres of which the said Matthew Harper deceased of other of the said Matthew died seized and possessed individual interest in remainder in certain negro slaves Vina, John, Wesley, and George of which negro slaves the aforesaid Matthew Harper deceased deed seized and possessed of an undivided interest in remainder in certain negro slaves Vina, John, Wesley and George. Of which negro slaves the aforesaid Matthew Harper deceased deed seized and possessed of. And your orator further showith that the said James Harper is not a resident of this State but has gone to parts unknown. That the said James is wholly insolvent, but as one of the heirs at law of the aforesaid Matthew Harper deceased. He has an undivided interest in remainder to wit one twelfth part in the tract of land and negro slaves descended as aforesaid. Now therefore in consideration of the premises herein as set forth you orator prays for an attachment against the said James Harper. And that the same be levied his interest in remainder in the land and negro slaves dissolved as aforesaid and that the said James Harper be enjoined from selling or conveying away in any manner whatever his interest in said remainder in the land and negro slaves descended as aforesaid and that your honor decree that the said interest in remainder of the said James in the land and negro slaves descended as aforesaid be sold to satisfy the aforesaid claim of your orator of $77.60 interest and cost. And your orator further further prays that the said Matthew Harper be enjoined from selling conveying or otherwise disposing of said interest in remainder in the land and negro slaves descended as aforesaid be sold to satisfy the aforesaid judgement of $77.60 interest and cost and hat cost of injunction against the said James Harper and said Matthew Harper file accordingly and your orator further prays that the said James Harper and said Mathew Harper be made defendants to this Bill of your orator and full true and perfect answer make to the same on their oaths and that your honor would give all other and further relief which your honor shall appear from the premises your orator is entitled and your orator as in duty bound will every pray ablea______thurs.

State of Tennessee ] Nathan W. Ward Complt made oath before me that

Smith County ] the statements in the foregoing bill as of his own knowledge are true & those __________ as an information he believes true & subscribed this aforesaid this 6 July 1843.

N. Ward

Ab.. Caruthers Judge 4 Chancery

Exhibit A

$75.00_______________ the first day of June I promise to pay Mathew Harper seventy five dollars for value received of him as witness my hand an seal this the 11 of May 1840.

James Harper [seal]

Exhibit B

State of Tennessee ] To any lawful officer of said County you are hereby

Smith County ] commissioned to summon James Harper & Matthew Harper assigns to appear before same Justice of he Peace for said County to answer N. Ward assigner of Matthew Harper of plea of debt due by note for $75.00 and make due return of this warrant.

Given under my hand and seal the 10^th day of December 1840.

A. G. Banes ______.

In this case I give judgement against the defendant in favor of the plantiff for seventy seven dollar and 60 cents costs this 18^th December 1840

John Gordon _____.

Executed for trial before John Gordon Esquire December 13^th 1841. James Harper not found.

James Gill ____.

Exhibit C

State of Tennessee ] to any lawful officer of said County. I command you that if the

Smith County ] goods and chattels lands lands & tenements of Matthew Harper in your County you make the sum of seventh seven dollars and sixty cents and the fees herein endorsed to satisfy a judgement that N. Ward assigner obtained against him before me on the 19^th day of December 1840.

This 7^th January 1841.

John Gordon, Justice of the Peace

December 22^nd 1840 held up not satisfied by _________ of the plantiff.

James Gill

Exhibit D

State of Tennessee Smith County ] To any lawful officer of said County I command you as heretofore you have been that of the goods & chattels lands & tenements of Matthew Harper you make the sum of seventy seven dollars & sixty cents and the fees hereon endorsed to satisfy a judgement that Nathan Ward assigner obtained against him before me on the 19^th December 1840. This 10^th Sept 1841.

John Gordon, Justice of the Peace

Decree

Nathan Ward vs. James and Matthew Harper ] Be it remembered that this cause came on to be heard on the 10^th February 1845 before the honorable B. L. Ridley Chancellor so and it appearing to the satisfaction of the Court that complainants bill had been regularly taken possession as to both defendants and set for hearing exparte and it further appearing to the satisfaction of the Court that the complainant is entitled to the relief prayed for and that the complainant is entitled to recover from the defendants the sum of seventy seven dollars and 60 cents with interest from the 19^th December 1840 it being the amount of the debt or judgement mentioned in complainants bill.

It is therefore ordered adjudged and decreed by the Court that the Clerk & Master proceed and sell at public auction for Cash the property named in the bill and attached, that is, the interest of defendants James & Matthew Harper of one twelfth part each in the slaves Lewis, Dick & Mina John, Wesley and George. And in the tract of land described as lying in Smith County on the east side of Mulherings Creek adjoining the lands of Mrs. Mary A. Owens and John Gordon containing acres of which Matthew Harper father of defendants deed seized and possessed after giving twenty days notice previously in writing at Carthage. John Gordon, Nathan Ward and _______, and that the sell the property of James Harper principle in the debt first then part or all if necessary of Matthew Harper for the payment of the cost & the aforesaid debt and report at the next term It is further ordered that complainant pay the cost in the first instance and then recover the same from debts for which execution may issue.

Nathan Ward vs. James Matthew Harper ] Decree

Be it remembered that this cause came on to be heard before the Honorable B. L. Ridley Chancellor this 11^th of August 1845 upon the report of the Clerk & Master and it appearing to the Court that said report is unexcepted to it is in all things confirmed And it further appearing to the satisfaction of the Court that the interest in remainder of James Harper in the estate of Matthew Harper his father deed to wit in interest in the slaves Lewis, Dick, Mina, John, Wesley, George and being attached in said bill was offered for sale and auctioned off to the complainant Nathan Ward for fifty dollars and that the interest in remainder in the tract of land described in the bill of James Harper was offered for sale and was auctioned off to said Nathan Ward for seventy six dollars that being the highest and best bid for both negroes and land. It is therefore ordered adjudged and decreed that the title in remainder to said negroes Lewis, Dick, Mina, John, Wesley, George and Viney to said land be divested out of said James Harper his heirs and assigns forever and vested in the said Nathan Ward his heirs and assigns forever. Said tract of land is the one ____________ Matthew Harper ______________ at his death lying on the County Smith and district No. 15 on the east side of Mulherings Creek adjoining the lands of Mrs. Mary a. Owens and John Gordon. It is further ordered that a copy of this decree be certified for registration by the clerk.

Ward vs. Harper – July 1840

The original document as copied from the Smith County, Tennessee Court House/Library or Tennessee State Archives. The copy, and transcriptions were

done by, Gail and Vernon H. Drewa in August 2001.

This Document is transcribed from a copy of the Chancery Court Minutes of Feb 1835 – Aug 1845, Tennessee State Archives.

N. Ward ]

vs. ]

James Harper et al ]

To the Honorable Broomfield L. Ridley Chancellor of the 4^th Chancery Division presiding at Carthage in the 3^rd district.

The Bill of Complaint of Nathan Ward against James Harper and Matthew Harper.

Your orator respectfully showeth unto your honor that in the year our Lord one thousand eight hundred and forty on the 15th day of July the said Matthew Harper assigned and delivered to your orator for a valuable consideration a certain promissory note made by the said James and payable to the said Matthew Harper on the first day of June next preseeding the day when it was assigned and ~ delivered~ to your orator in which promissory note the said James Harper promises to pay the sum of $75.00 and by the assignment and delivery aforesaid the said Matthew Harper did on the day & date aforesaid to wit on the 3^rd day of July ____________ become bound to pay your orator the said sum of $75.00 which note and assignment aforesaid is appended to this bill marked exhibit A and prayed to taken as a part thereof. Your orator further showeth that in the month of December 1840 he commenced suit against the defendants James Harper and the said Matthew Harper and obtained judgement against the said Matthew Harper on the 19^th December 1840 before John Gordon, Esquire an acting Justice of the Peace for said County of Smith as will more fully appear by reference to the warrant appended to this bill marked exhibit B prayed to be taken as a part thereof and which the judgement is endorsed for the sum of seventy seven 60/100 dollars. Your orator would further show your honor that the said James Harper was not a resident of the County of Smith at the time the judgement was obtained against the said Matthew Harper and as your orator understands and believes was wholly insolvent and that he has since left the State. Your orator further showeth that execution issued against the said Matthew Harper on the 7^th day of January 1841 and the said execution was returned “Not Satisfied” as will more fully appear by reference to said execution appended to this bill marked exhibit C, and prayed to be taken as a part thereof Your orator would further show unto your honor that on the 10^th day of September 1841 an alias execution issued said Matthew Harper which execution last mentioned was returned satisfied as will more fully appear by reference to said alias execution filed against appended to this Bill marked exhibit D and prayed to be taken a part there of. But your orator would further respectively show that whereas although the aforesaid alias execution purports by an endorsement on it to have been satisfied yet in fact it never was nor never has been satisfied and your orator never has received the aforesaid sum of $77.60 nor any part thereof as by the judgement aforesaid he was of right entitled to receive and your orator has been by the said Matthew fraudulently prevented and hindered from recovering the sum of $77.60 which by the judgement aforesaid he was of right entitled to received, and that the said Matthew Harper did by a by a fraud by him committed by which your orator was deceived influence your orator to agree to return the aforesaid alias execution satisfied which your orator never would have done but for the fraudulently manifestations of the said Matthew Harper. For your orator charges and says that the said Matthew Harper did defraud and deceive him in that to wit that the said Matthew Harper proposed to pay your orator the aforesaid sum of $77.60 out of certain monies in the hands of one William B. Whitley administrator de bonis non of Matthew Harper deceased. The said William Be Whitley administrator as aforesaid agreed to pay our orator the said sum of $77.60 as soon as your orator would obtain the receipt. Of one Alfred Harper Guardian of the said Mathew as aforesaid and immediately returned the execution as satisfied. All this was well known to the said Matthew who saw your orator obtain the receipt as aforesaid and knew well that your orator did immediately return the aforesaid alias execution satisfied. And yet the said Matthew Harper with the intention of defrauding went forthwith to the said William B. Whitley administrator as aforesaid before your orator could see him to present the receipt to him the said William B. Whitley administrator as aforesaid and the said Matthew obtained from him the said William B. administrator all of his share of the estate of his father the aforesaid Matthew Harper deceased by reason of which your orator did not receive the money for the receipt aforesaid. Your orator further showeth that by reason of the Court ______ fraud of the said Matthew Harper. He your orator has been deprived of all remedy at law for the recovery of the aforesaid sum of $77.60 against the said Matthew although in practice and equity your orator is entitled to recover. In consideration of the premises our orator respectfully prays your honor that the judgement aforesaid may be renewed against the said Matthew Harper and have all the force and effect that it ever had against the said Matthew Harper and that your honor decree that your orator recover the said sum of $77.60 together with interest and costs against said Matthew Harper and give all other and further relief. It shall appear to your honor your orator is in justice & equity entitled have in the premises and that the said Matthew Harper be required to answer this Bill of Complaint of your orator as well what is herein before stated & shows as that which shall herein after appear. And your orator would further show that he is informed and so charges that the said Matthew is wholly insolvent but that as one of the heirs at law of the aforesaid Matthew Harper deceased the said Matthew has an undivided interest in remainder to wit one twelfth part in a certain tract or parcel of land lying in the County of Smith on the east side of Mulheren Creek adjoining the land of Mrs. Mary A. Owen and John Gordon containing number of acres of which the said Matthew Harper deceased father of the said Matthew died seized and possessed of an undivided interest in remainder in certain negro slaves Vina, John, Wesley, and George of which negro slaves the aforesaid Matthew Harper deceased deed seized and possessed of And your orator further showeth that the said James Harper is not a resident of this State but has gone to parts unknown. That the said James is wholly insolvent, but as one of the heirs at law of the aforesaid Matthew Harper deceased he has an undivided interest in remainder to wit one twelfth part in the tract of land and negro slaves described as aforesaid. Now therefore in consideration of the premises herein as set forth you orator prays for an attachment against the said James Harper. And that the same be levied his interest in remainder in the land and negro slaves described as aforesaid and that the said James Harper be enjoined from selling or conveying away in any manner whatever his interest in said remainder in the land and negro slaves described as aforesaid and that your honor decree that the said interest in remainder of the said James in the land and negro slaves described as aforesaid be sold to satisfy the aforesaid claim of your orator of $77.60 interest and cost. And your orator further further prays that the said Matthew Harper be enjoined from selling conveying or otherwise disposing of said interest in remainder in the land and negro slaves described as aforesaid be sold to satisfy the aforesaid judgement of $77.60 interest and cost and that cost of injunction against the said James Harper and said Matthew Harper file accordingly and your orator further prays that the said James Harper and the said Mathew Harper be made defendants to this Bill of your orator and full true and perfect answer make to the same on their oaths and that your honor would give all other and further relief which your honor shall appear from the premises your orator is entitled to and your orator as in duty bound will ever pray..

State of Tennessee ] Nathan W. Ward Complt made oath before me that

Smith County ] the statements in the foregoing bill as of his own knowledge are true & those made as an information he believes true & subscribed this aforesaid this 6 July 1843.

N. Ward

Ab.. Caruthers Judge 4 ________

Let the clerk master of the Chancery Court at Carthage issue an injunction and attachment as prayed in the foregoing Bill Complainant giving Bond & security as $115 for costs charged _____ this 6 July 1843.

Ab Caruthers

Judge 4 __________

Exhibit A

$75.00_______________ the first day of June I promise to pay Mathew Harper seventy five dollars for value received of him as witness my hand an seal this the 11 of May 1840.

James Harper [seal]

Exhibit B

State of Tennessee ] To any lawful officer of said County you are hereby

Smith County ] commissioned to summon James Harper & Matthew Harper assigns to appear before same Justice of the Peace for said County to answer N. Ward assigner of Matthew Harper of plea of debt due by note for $75.00 and make due return of this warrant.

Given under my hand and seal the 10^th day of December 1840.

B. G. Bains ______.

In this case I give judgement against the defendant in favor of the plantiff for seventy seven dollar and 60 cents costs this 19^th December 1840

John Gordon _____.

Executed for trial before John Gordon Esquire December 13^th 1841. James Harper not found.

James Gill ____.

Exhibit C

State of Tennessee ] to any lawful officer of said County. I command you that if the

Smith County ] goods and chattels lands lands & tenements of Matthew Harper in your County you make the sum of seventy seven dollars and sixty cents and the fees herein endorsed to satisfy a judgement that N. Ward assigner obtained against him before me on the 19^th day of December 1840.

This 7^th January 1841.

John Gordon, Justice of the Peace

December 22^nd 1840 held up not satisfied by order of the plantiff.

James Gill

Exhibit D

John Gordon, Justice of the Peace

Decree

It is therefore ordered adjudged and decreed by the Court that the Clerk & Master proceed and sell at public auction for Cash the property named in the bill and attached, that is, the interest of defendants James & Matthew Harper of one twelfth part each in the slaves Lewis, Dick & Mima, John, Wesley and George. And in the tract of land described as lying in Smith County on the east side of Mulherings Creek adjoining the lands of Mrs. Mary A. Owens and John Gordon containing acres of which Matthew Harper father of defendants deed seized and possessed after giving twenty days notice previously in writing at Carthage. John Gordon, Nathan Ward and _______, and that he sell the property of James Harper principle in the debt first then part or all if necessary of Matthew Harper for the payment of the cost & the aforesaid debt and report at the next term It is further ordered that complainant pay the cost in the first instance and then recover the same from debts for which execution may issue.

Nathan Ward vs. James Matthew Harper ] Decree

Be it remembered that this cause came on to be heard before the Honorable B. L. Ridley Chancellor this 11^th of August 1845 upon the report of the Clerk & Master and it appearing to the Court that said report is unexcepted to it is in all things confirmed And it further appearing to the satisfaction of the Court that the interest in remainder of James Harper in the estate of Matthew Harper his father deceased to wit his interest in the slaves Lewis, Dick, Mima, John, Wesley, George and Viney attached in said bill was offered for sale and auctioned off to the complainant Nathan Ward for fifty dollars and that the interest in remainder in the tract of land described in the bill of James Harper was offered for sale and was auctioned off to said Nathan Ward for seventy six dollars that being the highest and best bid for both negroes and land. It is therefore ordered adjudged and decreed that the title in remainder to said negroes Lewis, Dick, Mima, John, Wesley, George and Viney to said land be divested out of said James Harper his heirs and assigns forever and vested in the said Nathan Ward his heirs and assigns forever. Said tract of land is the one whereon Matthew Harper resided at his death lying on the County of Smith and district No. 15 on the east side of Mulherings Creek adjoining the lands of Mrs. Mary a. Owens and John Gordon. It is further ordered that a copy of this decree be certified for registration by the clerk.

Byrd Orange to Belcher – 1842

The original deed as copied from the Smith County, Tennessee Court House. The copy, and transcriptions were done by, Gail and Vernon H. Drewa in August 2001.

I have this day sold and do hereby convey the Thomas Belcher for the sum of one dollar to me paid and the other considerations here after prepared Two yoke of oxen two beds & furniture, one trunk six chairs one kettle, 3 pots, one cow and 2 yearlings 42 head of Hogs one _______________ ___________________ one set of turning chisels, one hand saw one womans and one mans saddle, and two cany plows and Gears and two poll eyes and a lot of cupboard wear. I do hereby covenant and bind myself to warrant and forever defend the title to the above described property, and every part thereof to the said Thomas Belcher his heirs and assigns against the lawful claim of all persons whatever ______________. This deed is made for the following uses and trusts and for no other purpose that is to say I am indebted to John Gordon in the sum of Seventy one dollars & sixty one cents by note bearing date 17^th September 1841 and am desirous to secure and make certain the payment of the same I also ____________ Mormaduke Mason by a judgement which is _____________ Mathew Harper and am desirous to save _____________my said __________ which judgement is for Ten dollars and 64 cents. Now if I should pay said debts on or before the first day of March 1843 then this deed to be _______________________________________ but if I should not then the said Thomas Belcher as trustee after giving ten days notice at four public places in the district may expose to ________ the above described or so much thereof as with pay and satisfy the aforesaid debts and all accruing costs and the surplus if any to be paid to me. Witness my hand and seal this 25^th day of March 1842

Byrd Orange (Seal)

State of Tennessee Smith Country

Personally appeared before me John J. Burnett Clerk of Smith County Court Byrd Orange the within named Bargainor with whom I am personally acquainted and who acknowledged that he executed the within deed of Trust for the purposes therein contained. Witness my hand at office the 26 March 1842

John J Burnett Clk

of Smith County Court

Regd 28^th March 1842

A. J. Watkins Reg

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Zephaniah Orange –Purchase – 1842

The original deed as copied from the Smith County, Tennessee Court House. The copy, and transcriptions were done by, Gail and Vernon H. Drewa in August 2001.

I have this day bargained and Sold and do hereby convey to Zephaniah Orange of the State of Tennessee Smith County for the consideration of five dollars to me paid and the other considerations herein after mentioned the following property (to wit) 8 head of Cattle 15 head of hogs one cupboard one Clock one Bureaugh One chest One Trunk One Large Kettle I warrant the title to the said property to the said Orange his heirs and assigns for ever against the Lawful Claims of all persons whatever = But this sale is made for the following Uses and purposes and no other = That is to say First aI am indebted to One John R James in the sum of Fifteen Dollars by note under Seal of this date Due one day after date of July 1^st 1837 Due the next December the 25^th said last mentioned note was given too and payable to Joel Cheatham In for two Hundred and fifty Dollars assigned to Samuel Cheatham on the 3^rd October 1838 said note is now held and owned by said Elizabeth Cheatham and has a credit of one Hundred Dollars ___________ 1^st of September 1841 and I am desirous to secure and make _________ the payments of said debts now if I pay Said Debt above mentioned by the 25^th of December next with all costs and charges thereon then this Sale to be paid but if I should not then I agree that the said Orange shall advertise and sell said property for Cash at publick Auction by Giving ten days notice at 4 publick places in said County and appropriate the proceeds First to the payment of Said James debt of $15.00 and Secondly to the payment of said Elizabeth Cheatham debt of $ 151 and Thirdly if anything remain shall pay thing remain shall pay the same to me It is agreed to by the parties that I may hold possession of said property until the James or said Cheatham may choose to place the possession in said trustee Given under my hand and seal this 28^thof March 1842.

Edmond E. Cheatham (Seal)

Test

Zephetha Durham

Thomas B. Durham

State of Tennessee Smith County Personally appeared before me John J. Burnett, Clerk of Smith County Court Edmond E. Cheatham the within named bargainer with whom I am personally Acquainted and who Acknowledged that he executed the within there deed of trust for the purposes therein contained witness my hand at office 24__ March 1842

John J. Burnett, Clk

Orange from Brent – 1842

The original deed as copied from the Smith County, Tennessee Court House. The copy, and transcriptions were done by, Gail and Vernon H. Drewa in August 2001.

State of Tennessee

I Samuel Brent of the County & State aforesaid have this day bargained & sold & do by these present bargain sell & convey to Zephaniah Orange of the same place for the consideration of five dollars to me paid and consideration herein after mentioned the following property to wit, one white mare about nine year old, my crop of tobacco about one acre & my crop of corn bout seven acres ---- I warrant the title of said property to the said Orange against the claim of all & every person what so ever but, this sale is made for the following use & trust and for no other purpose that is to say whereas I am indebted to Wm B. Kyle in the sum of twenty six dollars one half to be paid in corn and the other in money due 25 Dec next and I being desirous to make certain the payment of said debt have made this conveyance now if I shall pay said debt when it becomes due then this sole & conveyance to be void if I fail to pay said debt as aforesaid I agree that the said Orange shall after giving ten days public notice sell said property at public auction for cash or so much as will be sufficient to pay the Said debt instead and if any thing remain in the hands of Said trust or after paying Said debt he shall pay the same to me it is agreed to by the parties that I may retain the possession of said mare until she may have to be sold as aforesaid given under my hand and seal this 2^nd July 1842

Samuel Brent ( Seal)

Witness J. R. James

J. H. Newbell

State of Tennessee Smith County

July Term County Court 1842

Then the within deed of Trust was produced in open Court for probate and was duly proved in open Court by the oath of J. R. James and J. H. Newbell subscribing witness to the same and on motion ordered

John A Burnett Clk

of Smith County Court

to be certified for registration

Recd 5 July 1842 at ½ past 4 PM

Regd 7 July 1842 Allen S. Watkins

Thomas Haynes from Robert West – August 1844

The original document as copied from the Smith County, Tennessee Court House/Library or Tennessee State Archives. The copy, and transcriptions were

done by, Gail and Vernon H. Drewa in August 2001.

I Robert West have this day bargained & sold & do hereby transfer and convey to Thomas Haynes and his heirs forever for the consideration of two hundred dollars to me paid a tract of land in the State of Tennessee Smith County and district No2 containing by ____________ and seventy acres be the same more or less and bounded as follows beginning in a ____________ of the second large branch that enters into Defeated Creek above its mouth on the west side of the said creek at the mouth of a small draw emptying into said branch on the south side running north eighty two poles to a hickory near the ________ of the ridge then west eighty poles to a ______ thence north twenty two poles to a black in Dillehay south boundary thence west with said boundary thirty five poles to a stake in said line thence a southern direction one hundred and eighteen poles to the branch thence east with the branch meandering its run to the beginning one hundred and four poles to have and to hold the same to the said Thomas Haynes his heirs and assigns forever. I do covenant with the said Thomas Haynes hat I am lawfully signed of said land have a good right to convey it and that the same is unencumbered. I do further covenant and bind myself my heirs and representatives to warrant and forever defend the title to the said land and every part thereof to the said Thomas Haynes his heirs and assigns against the lawful claims of all persons whatever given under my hand and seal this 6^th day of August 1844.

Witnessed. Daniel Smith

John McMurry Robert West [Seal]

State of Tennessee, Smith County

Ward vs. J. & M. Harper – 11 August 1845

The original document as copied from the Smith County, Tennessee Court House/Library or Tennessee State Archives. The copy, and transcriptions were done by, Gail and Vernon H. Drewa in August 2001.

Tuesday morning 11 August 1845, Court met pursuant to an adjournment, presents the Honorable Broomfield L. Ridley Chancellor.

Nathan Ward vs. James and Mathew Harper

Be it remembered that this cause came on to be heard before the Hon B. L. Ridley Chancellor on this the 11^th of August 1845 upon the report of the clerk and master, and it appearing to the Court that said report is unexcepted to, it is in all things confirmed and it further appearing to the satisfaction of the Court that the interest in remainder of James Harper in the estate of his father Mathew decd to wit his interest in the slaves, Lewis, Dick, Mima, John, Wesley, George and Viney attached in said bill offered for sale and ______ nocked off to the Complainant Nathan Ward for fifty dollars and that the interest in remainder in the tract of land described in the bill of James Harper was offered for sale and was nocked off to said Nathan Ward for seventy six dollars, being the highest and best bid for both negroes and land.

It is therefore ordered adjudged and adjudged and decreed that the title in remainder to said negroes Lewis, Dick, Mima, John, Wesley, George and Viney and to said land be divested out of James Harper his heirs and assigns forever and vested in said Nathan Ward his heirs and assigns forever said tract of land is the one whereon Matthew Harper deceased resided at the time of his death lying in the County of Smith Civil District NO15 on the east side of Mulherins Creek adjoining the lands of Mrs. Mary A. Owen and John Gordon. It is further ordered that a copy of this decree be certified by the clerk for registration.

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John Gordon vs. John Seay – February 1844

The original document as copied from the Smith County, Tennessee Court House/Library or Tennessee State Archives. The copy, and transcriptions were

done by, Gail and Vernon H. Drewa in August 2001.

Chancery Court Minutes – Smith County, Tennessee, February 1844, P-99.

John Gordon

vs. John Seay -- This cause came on this day to be heard before Chancellor

Ridley on a motion to dissolve the injunction and the Court being satisfied that the equity of the bill is denied by the assigner, do order adjudge and decree that the injunction be dissolved and that execution issue against the said John Gordon, Wyatt W. Bailey and John W. Bowen his securities in the injunction bond for seven hundred and thirteen dollars and thirty five cents and thirty five dollars the interest on the same from date of the judgement 18^th Sept 1843 to this day making in all seven hundred and forty eight dollars and thirty five cents upon the defendant, giving bond and approved security to aforesaid the sum if so ordered on the final hearing.

Mary A. Harper et al vs. Alfred Harper – Aug. 1845

The original document as copied from the Smith County, Tennessee Court House/Library or Tennessee State Archives. The copy, and transcriptions were

done by, Gail and Vernon H. Drewa in August 2001.

Tennessee State Archives, Chancery Court Minutes, February 1835 – Aug 1845, Smith County

Mary A. Harper et all vs. Alfred Harper et al ] ____ Bill

To the honorable Broomfield L. Ridley Chancellor presiding in the chancery Court of Carthage, Tenn.

The Bill of Complaint of Mary A. Harper an said Mary A. Harper and infant sues by his next friend John Roames of Smith County, Tennessee against Alfred Harper of the State of Mississippi and Sarah Harper widow of Matthew Harper deceased and William B. Whitley admin de bonis now with the will arrived of said Matthew Harper deceased also of Smith County.

Your oratrix Mary A. Harper showed to your honor that the 5 Sept 1842 she filed her bill of complaint in your honorable Court against said Alfred Harper praying for a divorce & alimony and that at the August Term 1843 a divorce was pronounced in said suit dissolving the bonds of matrimony then subsisting between your oratrix and her husband the said Alfred Harper. A decree was also pronounced in favor of your oratrix for the sum of two hundred dollars alimony and a decree was at the same time pronounced in favor of the said Sarah A. Harper (the infant child of said marriage for the further sum of two hundred dollars for support _______. Your oratrix further shows that prior to the said decree said Alfred removed the negro property in her bill mentioned beyond the jurisdiction of the Court. The same having been concealed from the Sheriff so as to prevent his seizing the same under the process which issued on the filing of her said bill. The land mentioned in her bill the said Alfred so disposed of as to place it beyond the reach of execution.

Your oratrix further shows to your honor that said Alfred held an estate in remainder in a certain tract of land of which said Matthew deceased seized & possessed of lying in Smith County. And the said Alfred Harper holds an estate in remainder in the following slaves (now in the possession of said Sarah Harper widow to wit, Louis, Richard, Viney, John, George & Wesley the interest of said Alfred in said slaves being an undivided tenth part thereof. Your oratrix further shows that execution is issued on said decrees against said Alfred and there being no other property to be found and which to levy the same were _________ on the estate in remainder of said Alfred Harper in said tract of land that said land was sold by the Sheriff of Smith County on the 7^th April 1844 for the sum of sixty dollars which after paying the cost & Sheriff fees left a balance to of said decrees at interest six dollars & _______. And no other property of said Alfred Harper could be found whereon to levy for the balance due on said decrees. Your oratrix herewith files a copy of the last will and testament of said Matthew Harper deceased as part of this bill _________ _____________.

After the death of said Matthew letters of administration with the will annexed were granted to one Exim Whitley who sometime thereafter departed this life intestate and at the term of Smith County Court said William B. Whitley was appointed & duly qualified as administrator on covenant now with the will annexed as aforesaid, your oratrix charges that ________ as she believes all the debts of said Matthew Harper deceased have been paid by said administrator out of the assets which came into his hands, and that said administrator cannot with property object to the sale of the estate in remainder in said slaves of said Alfred to discharge the decrees aforesaid as for the proceeds of the sale will do so. Your oratrix is advised that said estate in remainder of said Alfred Harper in said slaves cannot be sold under executions or said levies.

Your oratrix prays that said Alfred and said Sarah Widow as aforesaid and said William B Whitley administrator as aforesaid be made defendants to this bill & that ____________ issue and that each answer the charges in this bill on oath. And your oratrix prays that the estate in remainder of said Alfred in said slaves be sold under a decree in this Court I satisfaction of the said decrees heretofore made in said first mentioned suit. And may it please your honor to grant such other & further relief as to equity belongs. Your oratrix also prays for an attachment _______ and that said Sarah be enjoined from removing said slaves beyond the jurisdiction of this County and as in duty bound ______.

Hart A. Cullens

(Exhibit A)

Matthew Harper will.

In the name God amen. I Matthew Harper of Smith County State of Tennessee being of sound mind & disposing memory desire whilst living to direct that such disposition be made of my property when deceased as will most likely to conduce to the quite and comfort of my family do hereby make declare and publish this my last will and testament in form following.

Item 1^st.

I desire that all my just debts be paid.

Item 2^nd.

I give and bequeath to my youngest son, Matthew Harper one hundred dollars making him equal with the rest of my children for property I have given them & not changed.

Item 3^rd.

I leave to my beloved wife Sarah Harper during her natural life all my tract of land whereon I now live, that lies on east side of Harr____ Branch including my dwelling house where I now live and live and all other out houses.

Item 4^th.

I leave to my beloved wife Sarah Harper during her natural life or widowhood seven negroes and horses _________ & four cows and calves and one yoke of oxen her choice of all the negroes, horses & cattle that I may own at the time of my death together with all my stock of hogs and sheep and honey bees and all my poultry that I may own at the time of my death, together with all my household & kitchen furniture and farming tools, the crops on hand as a growing on the said part or parcel of land mentioned in the third item together with one hundred dollars in money but if she should marry again, then she shall take a childs part or share equal with all my children.

Item 5^th.

The remaining part of my estate both real and personal I wish it to be divided equally between all my beloved children _______, Henry and Logan and Grogan and Alfred and Elizabeth Gordon Matilda Gordon and James and Malinda Williams and Minerva Coffee and William and Sarah Hodges and Mathew and Harper this is after counting to each the amount they have already received on my hereafter ___________.

In witness whereof I have thereunto set my hand and affixed my seal this 2^nd June 1838.

In the presence of ]

John H. Newbill ] Matthew Harper

James ___________ ]

________Gregory ]

State of Tennessee Smith County

November term Country Court 1839.

Then the last will of Matthew deceased was duly processed in open court by the oath of John H Newhill one of the subscribing and left open for further proof.

______ _____ Burnett Clk

Be it remembered that on Tuesday morning 5^th day of November 1839 present the ____________________ ______________ ________ _________ Edwin Whitley and William Hughes Esqr. Again the last will and testament of Matthew Harper deceased was produced in open court for further proof and was duly proved in open court by the oath of James Harper the other one motion ordered to be recorded and on motion Exwin Exin Whitley appointed administrator with the will annexed of the estate of Matthew Harper deceased _____ ________ who came into court & qualified & with William Hughes and Alfred Harper his securities appointed by the court and entered into bond in the sum of ten thousand dollars conditioned as the law directs on motion letters is granted him on said estate.

_______ _____ Burnett Clk

A Copy from the record in Book A, Page 226

_______ _____ Burnett Clk

Bond as follows.

Know all men by these presents that one Mary A. Harper & Sarah A. Harper by her next friend John R. James & P. Gold are held and firmly bound unto Sarah Harper Alfred

Harper & William B. Whitley in the ________ sum of five hundred dollars for the payment of which we bind ourselves each of our heirs executors & administrators _________ and severally. Witness our hands and seals this 8^th day of October 1844.

Whereas said Mary A. Harper & Sarah A. Harper by her next friend John R. James filed a bill of complain in the chancery court at Carthage against said Alfred Harper Sarah Harper & William B. Whitley. Now the condition of the above obligation is that if said Mary A. Harper Sarah A. Harper by John R. James shall prosecute said Bill with effect or in case of failure to pay all costs and damages that may be decreed against them the above obligation to be void otherwise to remain in full force and virtue.

Mary A. Harper [Seal]

By John L. Carter

John L. Carter [ Seal ]

P. Gold

By A. Moore Atty.

Mr. A. Moore __________ _____

I will enter my bill as security with Mary A. Harper ________ on a bill to get an order of sale of some negroes belonging to the estate of Mathew Harper deceased the father of Alfred Harper. I expect to be in town next Tuesday Sept 16^th, 1844.

P. Gold

Decree

Mary A. Harper vs. Alfred Harper

Be it remembered that this cause came on to be heard on this day before the Honorable Broomfield L. Ridley Chancellor upon the pleadings and proof taken it appeared to the satisfaction of the Court that complainant is a citizen of this state and has resided therein to wit in Smith County for more than one whole year next to filing this bill, and it appearing from the proof of that said defendant has been fully of __________ & deeds inconsistent with the matrimonial vow by committing adultery. It is therefore ordered adjudged and decreed by Court that the bonds of matrimony now subsisting between said complainant and defendant & the ________ is hereby dissolved and the said complainant ______________ thereof __________ and restored all the rights and privileges of a former state.

And as to the support of the infant child and the said complainant the parties by these _________ _________ that the estate of said defendant is of the _________ of twelve hundred dollars that there are four children by the former marriage and one by the first. It is there upon ordered adjudged and decreed by the Court that said defendant pay to said complainant the sum of one hundred dollars allowed by the Court for her support and it is ordered that execution upon for the same as at law.

And it is further ordered adjudged and decreed by the Court that said defendant also pay the further sum of one hundred dollars for the support of the infant child of complainant and and it is ordered that said last sum of money be paid to John R. James who is hereby appointed trustee to receive the same and apply it to the support of said infant child, and it is ordered that execution upon for the same as at law.

And it is further order adjudged and decreed by the Court that said defendant pay the cost of suit and execute for same as at law.

Decree as follows.

Mary Harper vs. Alfred Harper.

Upon petition of complainant and it appearing to the Court that during the pending of the suit against defendant for a divorce complainant came the matter of a child and that the allowance made out of the estate of defendant by the decree of last term was ordered to be paid to John R. James as trustee for said child and it further appearing that said complainant desired to have the custody and possession of said child and ___ ___ ______ thereon it is ordered adjudged and decreed by the Court that complainant retain said child in her custody and possession and that said defendant___________ is hereby enjoined from molesting or disturbing complainant in the possession of said child.

Decree

Mary Harper vs. Alfred Harper.

Be it remembered that this cause came on in the presence of solicitors on both sides again to be heard on this 14^th day of August 1845 before the Honorable Broomfiled L. Ridley Chancellor. Upon the application of said Alfred to be appointed trustee for his infant child entered in the pleadings and it is ordered by the Court that said Alfred be appointed trustee for the safe keeping of the money decreed to said child at a former term and that he give bond in double the amount of the sum decreed to said child with good security satisfactory to the Clerk & Master and it is agreed that said complainant shall retain the custody of said infant. (! Initials )

Tho Harper vs. Merrit Lyon – 27 Feb 1840

The original document copied from the Smith County, Tennessee Court House. The copy, and transcriptions were done by, Gail and Vernon H. Drewa in August 2002.

Thos Harper ]

vs. ] Inj. Bill

Merrit Lyon ]

Be it remembered that on this 27^th day of Febry 1840 this cause came on to be heard and was heard before the Hon. Thos L. Williams Chancellor & upon will answer & republication & proof and it appearing to the satisfaction of this Court from an exhibit in this case that the contract between the parties has been reduced to writing & signed by them & the Court being of the opinion that the _______________ evidence offered by the complainant for the purpose of explaining and contesting the said contract is in competent & cannot be received as evidence it is therefore ordered adjudged & decreed by the Court the complainants bill be dismissed. But because the Court is of opinion that if the __________ testimony offered by the complainant could be received that the complainant would be entitled to relief. It is therefore ordered adjudged and decreed by the Court that the defendant pay all the cost of the suit.

Court adjourned until tomorrow morning.

Thomas L. Williams

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Tho Harper vs. Merrit Lyon – 27 Feb 1840

The original document copied from the Smith County, Tennessee Court House. The copy, and transcriptions were done by, Gail and Vernon H. Drewa in August 2002.

Thos Harper ]

vs. ] Inj. Bill

Merrit Lyon ]

Be it remembered that on this 27^th day of Febry 1840 this cause came on to be heard and was heard before the Hon. Thos L. Williams Chancellor & upon will answer & republication & proof and it appearing to the satisfaction of this Court from an exhibit in this case that the contract between the parties has been reduced to writing & signed by them & the Court being of the opinion that the _______________ evidence offered by the complainant for the purpose of explaining and contesting the said contract is in consistent & cannot be received as evidence it is therefore ordered adjudged & decreed by the Court the complainants bill be dismissed. But because the Court is of opinion that if the __________ testimony offered by the complainant could be received that the complainant would be entitled to relief. It is therefore ordered adjudged and decreed by the Court that the defendant pay all the cost of the suit.

Court adjourned until tomorrow morning.

Thomas L. Williams

Alexander Dillard vs. Burnard R. Richardson & John A. Richardson- August Term 1842

The original document as copied from the Smith County, Tennessee Court House. The copy, and transcriptions were done by, Gail and Vernon H. Drewa in August 2002.

Alexander Dillard vs Bunard Richardson and John A. Richardson on this cause coming and to be heard an motion to dissolve the injunction and it appearing to the Court that the equity of the bill being denied by the answer it is therefore ordered adjudged and decreed by the Court that the injunction granted in the cause be dissolved and that execution issue against deft A. Dilland and Daniel Dillard and Martin Whittan his securities in the injunction found for six hundred and ninety nine dollars 79/100 the balance of the judgement at law with interest up to this time by the same Bunard Richardson giving with security that the sum shall be refunded if required by the Court an the final hearing of this cause.

Court adjourned until Court in cause.

Broomfield Ridley

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August Term 1843 - Divorce

The original deed as copied from the Smith County, Tennessee Court House. The copy, and transcriptions were done by, Gail and Vernon H. Drewa in August 2002.

Mary A. Harper vs. Alfred Harper- August 1843- Divorce

Be it remembered this cause came to be heard on this day before this honorable Brumfield L. Ridley. Chancellor, upon the pleadings and proof when it appeared to the satisfaction of this Court that complainant is a citizen of this State and resident therein to wit in Smith County for more than one whole year _________ before filing this bill, and it appearing from this proof, that said defendant has been guilty of acts and deeds inconsistent with the matrimonial vow by committing adultery. It is therefore ordered, adjudged and decreed by this Court that the bonds of matrimony now subsisting between said complainant and defendant be and the same are hereby dissolved and the said complainant dismissed therefore and restored to all the rights and privileges of a ______________ sole.

And as to the support of this infant child of said marriage and of said complainant the parties by their ____________ agree that the estate of said defendant is of the value of twelve hundred dollars, that there are four children by a former marriage, and one by the last which would give two hundred ___________ to the children and complainant.

It is therefore ordered adjudged and decreed by the Court that the said defendant pay to said complainant the sum of two hundred dollars allowed by the Court to complainant for her support and it is ordered that execution _________ for the same as at law.

And it is further ordered adjudged and decreed by the Court, that said defendant also pay for the further sum of two hundred dollars for the support of the infant child of complainant and it is ordered that said last mentioned sum of money be paid to John R. James who is hereby appointed trustee to receive the same and apply it to the support of said infant child. And it is ordered that execution ________ for the same as at law.

And it is furthered ordered adjudged and decreed by the Court that said defendant pay the cost of suit, and that execution ____________ as at law.

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August Term 1845

The original deed as copied from the Smith County, Tennessee Court House. The copy, and transcriptions were done by, Gail and Vernon H. Drewa in August 2002.

Mary Harper vs. Alfred Harper

Upon petition of complainant and it appearing to the Court that during the pendency of the suit against defendant for a divorce. Complainant became the mother of a child, and that the allowance made out of the estate of defendant in the decree of the last term was ordered to be paid to John R. James as trustee for said child, and it further appearing that said complainant desires to have the custody and possession of said child to be granted therein. It is ordered adjudged and decreed by the Court that complainant retain said child in her custody and possession, and that said defendant be and is hereby enjoined from molesting or disturbing complainant in the possession of said child.

**********************************************************************\

August Term 1845

The original document as copied from the Smith County, Tennessee Court House. The copy, and transcriptions were done by, Gail and Vernon H. Drewa in August 2002.

Mary Harper vs. Alfred Harper

Be it remembered that this cause came on in the presence of Solicitors on both sides again to be heard on this 14^th day of August 1845 before the Honorable B. L. Ridley Chancellor. Upon the application of said Alfred to be appointed trustee for his infant child mention in the pleadings and it is ordered by the Court that said Alfred be appointed trustee for the safe keeping of the money decreed to said child at a former term, and that he give bond in double the amount of the sum decreed to said child with good security satisfactory to the clerk and Master and it is agreed that the said complainant shall retain the custody of said infant.

******************************************************************

August Term 1842

The original document as copied from the Smith County, Tennessee Court House. The copy, and transcriptions were done by, Gail and Vernon H. Drewa in August 2002.

John Gordon ]

Vs. ]

Grogan Harper & William B. Whitley adm. & of Mr. Harper dec.

Came the solicitors for the parties when it appeared to the Court that the death of Exum Whitley had been suggested and that William B. Whitley has been appointed administrator de bonis non with the will annexed of same Matthew deceased, and it further appeared that a bill of revision has been filed and served on said William B. Whitley as administrator as aforesaid, and the solicitors for the parties consenting to a revival it is ordered that this suit be and the same is hereby revived against William B. administrator as aforesaid, and to stand in the same plight and condition as before the death of said Exum.

And the clerk and master having filed his report under the deceased. ___ order of a __________ _________ sharing that the deceased. share of the said Grogan Harper in the estate of said Matthew Harper deceased in the hands of said William B. Whitley administrator as aforesaid amounts to the sum of four hundred thirty six 96/100 and that the principal interest upon the notes of said Grogan due to complainants amount to the sum of two hundred & eighty sum14/100 dollars. But it appearing to the Court that part of said Grogans distribution share has been applied by a decr. Of this Court to the satisfaction of a debt due to J. W. Smith, Esq. In a suit against the same defendants, it is ordered that the Clerk and Master report the balance of said distribution share after satisfying the claim of said Smith and also report the amount of the cash in this suit. Afterward the Clerk and Master filed his report showing said balance of the distribution ___ to ____ and the cost of this suit as taxed to be giving a cash balance of---

182.58

14.25

$168.33

Which said report _____ being excepted it is confirmed by the Court.

Thereupon this cause coming on to be heard on this day before the Honorable Broomfield L. Ridley Chancellor upon ______ & answers exhibits & reports of the clerk and master and the whole matter being considered it is ordered adjudged and decreed by the Court, that the balance aforesaid of the distribution share of said Grogan in the hands of said administrator, and also this estate and intrust of said Grogan in remainder in and to the trust _______ in the pleading mentioned and of which said Matthew _________ seized and ________ now occupied by the widow of testator, and also all the estate and interest of said Grogan, in remainder ___________ _________ to the negro slaves held by said widow for life and alf_____ and the same and hereby rendered liable for the satisfication of said debt due from said Grogan to complainant. And it is advised that said William B. as administrator as aforesaid pay said sum of one hundred and eighty two dollars and fifty either cent into the hands of the clerk and within 60 days from this date that the case of _____ be retained by said clerk and master and said balance of one hundred and sixty eight dollars and thirty three cents be paid _____ to complainant, and in default of said payments within the time aforesaid execution to ______ against said William B. as administrator as foresaid provided that before received said balance said complainant or some person for him shall five land with security approved by the clerk and master with condition to aforesaid pursuant to the ___________ ____ and it appearing that deducting said balance for the amount reported by the clerk as due from said Grogan there will still be a balance due to complainant of __________ said Grogan of one hundred and eighteen dollars ______ and eighty one cents. It is therefore further ordered adjudged and decreed by the Court that the Clerk and Master after giving 40 days motion in the Carthage Republican shall proceed to sell upon the premises the undivided interest in remainder of the said Grogan in said tract of land and said slaves in the pleadings mentioned for cash and the clerk will report to the next term (HC)

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Fall Term 1843

John Gordon vs. Grogan Harper et al – Fall Term 1843

The original document as copied from the Smith County, Tennessee Court House. The copy, and transcriptions were done by, Gail and Vernon H. Drewa in August 2002.

John Gordon vs. Grogan Harper et al – 13 Feb 1843

Be it remembered that this cause came on to be heard this 13^th of February 1843 before the Honorable Broomfield L. Ridley Chancellor ______. Upon the report of the Clerk and Master showing that the Clerk and Master in obedience to an interlocutory decree pronounced on said cause at August Term 1842, had sold the interest in remainder of the said Grogan in the land in the pleadings mentioned to John Gordon the Compl. For the sum of eighty dollars and also at the same time and place that the Clerk and Master sold the interest in remainder of said Grogan in the slaves to the said John Gordon complainant in said cause for the sum of fifty five dollars which report being unexcepted, is in all things confirmed and it further appearing to the satisfaction of the Court that the said John Gordon, purchaser as aforesaid was the creditor for whose benefit the said undivided interest in said land and slaves was sold, whereupon it is ordered adjudged and decreed by the Court that said John Gordon pay the costs of this suit out of the funds in his hands for which an execution may issue as at law and it is further ordered, adjudged and decreed by the Court that the interest of said Grogan Harper in the aforesaid land and slaves be divested out of the said Grogan and his heirs forever. And that the same vested in the said John Gordon and his heirs forever (WS)

August Term 1842

William B. Moores & John Gordon ]

Vs ] Inj. Bill

Moses Reaves ]

The original deed as copied from the Smith County, Tennessee Court House. The copy, and transcriptions were done by, Gail and Vernon H. Drewa in August 2002.

On Motion and for reasons appearing to the satisfaction of the Court, it ordered by the Court that this cause be dismissed at the complainant’s cost and that execution issue against the complainants William Be. Moores & John Gordon and their security Nathan Ward for the cost of the suit (HG)

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August Term 1843 - Divorce

The original deed as copied from the Smith County, Tennessee Court House. The copy, and transcriptions were done by, Gail and Vernon H. Drewa in August 2002.

Mary A. Harper vs. Alfred Harper- August 1843- Divorce

Be it remembered this cause came to be heard on this day before this honorable Brumfield L. Ridley. Chancellor, upon the pleadings and proof when it appeared to the satisfaction of this Court that complainant is a citizen of this State and has resided therein to wit in Smith County for more than one whole year _________ before filing this bill, and it appearing from this proof, that said defendant has been guilty of acts and deeds inconsistent with the matrimonial vow by committing adultery. It is therefore ordered, adjudged and decreed by this Court that the bonds of matrimony now subsisting between said complainant and defendant be and the same are hereby dissolved and the said complainant divorced therefore and restored to all the rights and privileges of a ______________ sale.

And as to the support of the infant child of said marriage and of said complainant the parties by their ____________ agree that the estate of said defendant is of the value of twelve hundred dollars, that there are four children by a former marriage, and one by the last which would give two hundred each to the children and complainant.

And it is further ordered adjudged and decreed by the Court, that said defendant also pay the further sum of two hundred dollars for the support of the infant child of complainant and it is ordered that said last mentioned sum of money be paid to John R. James who is hereby appointed trustee to receive the same and apply it to the support of said infant child. And it is ordered that execution issued for the same as at law.

And it is furthered ordered adjudged and decreed by the Court that said defendant pay the cost of suit, and that execution issued as at law.

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February Term

John Gordon vs. John Seay ~ 1844

The original deed as copied from the Smith County, Tennessee Court House. The copy, and transcriptions were done by, Gail and Vernon H. Drewa in August 2002.

This cause came on this day to be heard before Chancellor Ridley on a motion to dissolve the injunction, and the Court being satisfied that equity of the bill is denied by the answer, do order, adjudge and decree that the injunction be dissolved, and that execution issued against the said John Gordon, Wyatt W. Bailey and John W. Bowen his securities in the injunction bond for seven hundred and thirteen dollars and thirty five cents, and thirty five dollars, the interest on the same from date of the judgement 18 Sept 1843, to this day making in all seven hundred and forty eight dollars and thirty five cents, upon the defendant giving bond and approved security to refund the same if so ordered on the final hearing.

(Note: Every effort was made to transcribe the original document. Blank space is where no discernable word could be determined from copies of the documents. Rather than inserting what I think the wording should be, they are left blank for you interpretation. /s/ Vernon H. Drewa)

Feb Term – 1845

The original deed as copied from the Smith County, Tennessee Court House. The copy, and transcriptions were done by, Gail and Vernon H. Drewa in August 2002.

Ward vs. James and Matthew Harper

Be it remembered that this cause came on to be heard this 10^th day February 1845 before the Honorable B. L. Ridley Chancellor (Note: sign appearing next as part of a hand written L, with and “es” adjacent to and appearing as the afore written 10^th. VHD) and it appearing to the satisfaction of the Court that the complainants bill had been regularly taken confession, as to both defendants, and set for hearing exparte and it further appearing to the satisfaction of the Court, that the complainant is entitled to the relief prayed for, and that the complainant is entitled to recover from defendants the sum of seventy seven dollars 60 cts with interest from the 19^th December 1840. It being the amount of the debt or judgement mentioned in complainants bills. It is therefore ordered adjudged and decreed by the Court that the Clerk and Master proceed and sell at public auction for cash the property named in the bill and attached that is the interest of defendants James and Matthew Harper of one twelfth part each in the slaves, Lewis, Dick, Mima, John, Wesley and George and in the tract of land described as lying in the County of Smith, on the East side of Mulherings creek adjoining the land of Mrs. Mary A. Owen and John Gordon, containing ______ acres of which Matthew Harper, father of descendants did seized and possessed after giving 20 days notice previously in writing at Carthage. John Gordon and N. Ward and __________. And that he sell the property of James Harper the principal in the debt first then part or all of Matthew if _________ for the payment of the cost and aforesaid debt and report at the next term.

It is further ordered that compliant pay the cost in the first instance and then recover the same from ___________ for which execution may issue;

Zephaniah Orange – 1846

The original deed as copied from the Smith County, Tennessee Court House. The copy, and transcriptions were done by, Gail and Vernon H. Drewa in August 2001.

This indenture made this 1^st day of October in the year of our Lord one thousand Eight hundred and forty Six between Zephaniah Orange of the County of Smith and State of Tennessee of the one part and Jeremiah Agee of the County of Smith and State aforesaid of the other part witnesseth that for and in consideration of the sum of two hundred and seventy five dollars to him in hand paid by the said Jeremiah Agee the receipt is hereby acknowledged hath bargained and sold and by these present doth bargain sell _______ convey and confirms unto him the said Agee his heirs and assigns a certain tract or parcel of land lying and being in the County and State aforesaid and on the waters Hickmans Creek containing by estimation seventy five acres ______ of land more or less and bounded as follows beginning on dogwood John Gwaltneys southwest corner thence west sixty one poles to box adders on the banks of the Creek thence with the meandering of said creek eight five poles to a hickory thence East fifty eight poles to a rock thence South fifty seven poles to a birch thence East one hundred and twenty six poles to a rock thence with the top of said ridge east of _______ with _______ __________ line fifty four poles to a burch west seventy nine poles to rock thence west of north with Tho Newbills & Gwaltneys line one hundred & two poles to the beginning with the hereditaments and appurtenances to hereafter to have and to hold The above described land and bargained premises with all and singular the profits warranty hereditaments as appurtenances or in anywise appertaining to him the said Agee his heirs and assigns forever and the said Orange bind himself to warrant and forever defend the right and title of land and the said Agee his heirs and assigns forever against the claim or claims of any person lawfully and coming in testimony whereof I have hereunto set my hand and affixed my seal the day and date above written

Signed and sealed Delivered in presence of

Test Josua Sykes

_________ Zephiniah Orange ( Seal)

State of Tennessee Smith County

Personally appeared before me O Olandis _________ of Smith County Court Zephiniah Orange herewith named bargained with whom I am personally acquainted and who acknowledged this to be ______________ the within deed of conveyance for the purposes therein contained witness my hand in office the 6^th ___________________________________

Registered the ____________________

A O ______________ Register

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Feb 1853

John Gordon vs. Francis M. Orange et al

The original deed as copied from the Smith County, Tennessee Court House. The copy, and transcriptions were done by, Gail and Vernon H. Drewa in August 2002.

Be it remembered that this cause comes on to be heard on this 16^th February 1853 before Chancellor Ridley upon Bill, answers, replication & proof & exhibits in the cause, whereupon it appears to the court that on the 28^th April 1837 Yearby Orange executed his deed to complainant for the tract of land mention in the pleadings & that on the 6^th of May 1837 said complt executed his bond to said Yearby binding himself to recovery said land to said to said Yearby upon the payment of one hundred & thirty four dollar specified in said bond to be then due & owing from said Yearby to said Complt. and it further appears that afterward said Yearby conveyed said land to deft Francis M. on condition explained in his deed that said Francis M. should pay Complt whatever might be due him on said mortgage. And the Court being of the opinion that said land is liable to complt. for whatever part or portion of said $134 & interest may yet be due & unpaid to complt and it not appearing how much may be due thereon doth order & decree that the clerk of this Court take and state an account in relation thereto. The Clerk in taking so account will charge deft with the amount of indebtedness to Complt at the date of the defia___eance as evidenced by note with interest thereon at a percent per annum and give to deft credit for all such sums as he may have paid crediting the same on the day of such payment or payments. All other questions are reserved until the coming in of the clerks report at next term.

Brumfield Ridley

John Gordon vs. Francis M. Orange et al – August 1853

The original document as copied from the Smith County, Tennessee Court House/Library or Tennessee State Archives. The copy, and transcriptions were

done by, Gail and Vernon H. Drewa in August 2001.

Chancery Court Minutes, 1824-1871

Smith County, Tennessee

John Gordon

Vs.

Francis M. Orange et al

Be it remembered that on this 8^th of August 1853 this cause came on to be again heard before Chancellor Ridley upon the report of the Clerk & Master made in pursuance to an interlocutory decree pronounced in this cause at the last term & the exception of defendant to the report which being _____________ ___________ by the Court said exception is by the Court _________ & said report in all things affirmed. It thereupon appears to this Court that on the 28^th of April 1837 Yerby Orange executed and delivered to complainant a deed in fee simple for a tract of land containing by estimation thirty seven acres and the same tract conveyed to Yerby by Bird Orange and the same whereon Yerby then lived lying in Smith County and afterward on the 6^th day of May 1837 said Gordon executed & delivered his land to Yerby whereby he bound himself to recovery said tract of land to said Yerby when he should pay to said Gordon notes which Yerby held on him amounting to one hundred & thirty four dollars thereabouts and interest on said note. It further appears that afterward on the 14^th October 1851 the said Yearby conveying said land by deed to said Francis M. Orange which deed ________ provided that the amount due said complainant on said mortgage should be paid. And it appearing to the Court from the Masters report that the amount due complainant with interest to this day on said mortgage and which is a lien on said land is the sum of two hundred and thirty six dollars & 70 cents. It is therefore ordered adjudged and decreed by the Court that unless said sum of $236.70 be paid into the office of the clerk of this Court in two months from this day that the clerk of this Court after giving the legal notice shall proceed to sell said tract of land to the highest bidder for cash at the Court House Door in Carthage and report to the next term of this Court. It is further ordered and decreed by the Court that defendant Francis M. Orange pay the cost of this suit & that issue. From which desires the defendant prays an appeal to the next term of the Supreme Court of Tennessee to be held at Nashville on the first Monday on December next which is granted on condition that he give bond & security for costs on or before two months from this day.

Stephen, Rufus, Thomas, Elizabeth, Claborn, Harriet, Virginia and Willis Haynes – 1854-1858

ADMINISTRATOR'S RECEIPT BOOK,SMITH COUNTY, TN

1854 - 1858

The original document as copied from the Smith County, Tennessee Court House/Library or Tennessee State Archives. The copy, and transcriptions were

done by, Gail and Vernon H. Drewa in August 2001.

TENNESSEE SMITH COUNTY Probate Records

(County or Chancery Court) Misc. Receipts,

Administrators Vol: Nov 1854 - Jul 1877

Pg 122

Know all men by these presents that I Stephen HAYNES for myself and I Rufus HAYNES for myself and as guardian for the minor children of Thomas HAYNES deceased to wit Elizabeth HAYNES Claborn HAYNES Harriet HAYNES Virginia HAYNES and Willis HAYNES of Jefferson County in the State of Arkansas do hearby constitute and appoint Clabourn C WEST of Smith County in the State of Tennessee to be our true sufficient and lawful attorney for us and in our names and for our sole use to receive the legacy due us Stephen HAYNES & Rufus HAYNES and also that of the minor children of Thomas HAYNES deceased and in our names to receive the amount due or coming from the estate of said Daniel SMITH deceased to the heirs of Thomas HAYNES deceased and for the purpose aforesaid we do hearby grant unto our said Attorney full power to execute and deliver all needful instruments and papers whether under seal or not to institute and prosecute final judgement and execution all process in law or equity for the authority heartofore granted as fully as we might and could do if we were personally present hearby ratifying and confirming all the acts of our said attorney done by virtue and in pursuance of these presents

In testimony whereof we have hearto set our hands and seals this the 10^th day of June in the year of our lord one thousand eight hundred and fifty six Stephen HAYNES Rufus HAYNES and as guardian for the minor children of Thomas HAYNES decst Elizabeth HAYNES Harriet HAYNES Virginia HAYNES Willis HAYNES

Pg 123

State of Arkansas County of Jefferson > Be it remembered that on this the 16^th day of June AD 1856 personally appeared before me at the county of Jefferson Stephen HAYNES for himself and Rufus HAYNES for himself and the minor children of Thomas HAYNES deceased to wit Elizabeth HAYNES Claburn HAYNES Harriet HAYNES Virginia HAYNES Willis HAYNES and acknowledged the forgoing power of attorney to be their own act and deed for the purposes and considerations therein set forth Given under my hand this the day and date aforesaid James H HA---- JP

State of Arkansas County of Jefferson > I Duguld B McLAUCHLIN clerk of the County Court in and for said County do hearby certify that James H HA---- whose genuine signature appears to the above certificate is now and was at the time of signing the same an acting and duly commissioned Justice of the Peace within and for said County and that all his official acts as Such Justice are entitled to full faith and credit In testimony whereof I have hearunto set my hand and affixed the seal of said court at office in Pine Bluff this 16^th day of June AD 1856 D.B. McLAUCHLIN clerk

State of Arkansas County of Jefferson > In the Jefferson Probate Court October 9^th 1855 Rufus HAYNES Guardian of Pet appt bond etc Elizabeth HAYNES Clabourn HAYNES Harriet HAYNES Virginia HAYNES and Willis HAYNES minor heirs of Thomas HAYNES decst

Pg 124

This day came said minors by Rufus HAYNES and Stephen HAYNES their --- friends and presented to the court their petition praying the court to appoint Rufus HAYNES their legal guardian & after due consideration thereof it is ordered by the court that said Rufus HAYNES be and he is hearby appointed guardian of said minors and required to give bond and security according to law in the sum of five hundred dollars Whereupon said Rufus HAYNES presented his bond as Guardian as aforesaid in the final sum of five hundred dollars with Paul DENNI--- clk and William W CAGWELL his security and after consideration of the sum it is ordered by the Court that said bond be and the same is hearby approved as Guardian and sufficient and in due form of law and it is further ordered that said guardian proceed with discharge of his duty as such and that said bond be recorded according to law which is done

State of Arkansas County of Jefferson. I Duguld B McLAUCHLIN clerk of the county court and ex officio clk of the Probate Court in and for said county do hearby certify that the above said forgoing paper contains a true and perfect copy of the order of said Probate Court as therein mentioned and set forth as the same appears of record in full in my office

In testimony whereof I have hearunto set my hand and affixed the seal of said court at office in Pine Bluff this 16^th day of June AD 1856 DB McLAUCHLIN clk

Yearby Orange to Francis Orange - 1857

The original deed as copied from the Smith County, Tennessee Court House. The copy, and transcriptions were done by, Gail and Vernon H. Drewa in August 2001.

I Yearby Orange have this day bargained and sold and do hereby transfer and convey to Francis M. Orange and his heirs and assigns forever for the consideration of four hundred dollars to me paid all my entire right title and interest whether Equity or reduction or other right or interest a certain tract of land containing by distinction thirty seven acres and one half more or less lying in Civil District No 15 Smith County Tennessee bounded on the North by Thomas Cockerham land south by John Gordon land east by said Gordon and L B Cotinian land and West by Widow Holly Ward and D W Thomas land it being the same whereon myself and family have resided for thirty odd years and mortgaged to John Gordon the sixth day of May 1837 to secure the payment of one hundred and thirty four dollars to him paid to hold the same to the said Francis M. Orange his heirs and assigns forever I covenant and bind myself my heirs and representatives to forever warrant and defend the title right and interest as above described the said Francis M Orange his heirs and assigns forever against the lawful claims of all persons what ever the amount if any of mortgaged yet justly due to John Gordon is to be paid ________ __________ if paid by the said Francis M. to discharge its incumberances if any and the said Francis M. Orange is entitled to my right of recovery and from John Gordon October the 14^th 1837

Yearby Orange (Seal)

attest by

P. Gold

W H Winfrey

Personally appeared before me William U M the Tennessee Smith County clerk of the County Court of Smith county Yearby Orange the within named bargain with whom I am personally acquainted and who acknowledged that he Execute the within deed for the purpose therein contained

witness my hand at office this 14^th day of October 1837

Reg the 14^th Oct 1837 at 13 PM W U R William Clerk

D C Sanders Rgr.

1857

A copy of Elizabeth Gordon’s original (following the transcribed copy) will was made by Vernon Drewa, however, the following transcribed version was provided by Roy Ingersoll of Watsonville, California, July 2001.

Elizabeth Harper Gordon Will – 1857

Elizabeth Gordon’s last will and testament. From a copy of Will Book at Carthage, Tennessee.

The last will and testament of Elizabeth Gordon being of sound mind and disposing memorie and in apprehension of the near approach of death to which I am calmly resigned.

Item 1. It is my will that as soon after my death as convenient my effects shall be sold and the proceeds thereof after paying all my just debts and defraying my funeral expenses, be divided equally among my children and their heirs with the following provision.

Item 2. It is my will that my four children now with me to witt Mary Jackson, Bythella Haynes, Jane Hall and Dovy, I order that they maybe equal to those who have married, shall each have a bed and bed furniture as near equal to those who have had beds as can be, and that my daughter Frances Amis Givens, shall have a be equal to all the others, she having not as yet had a bed.

I hereby appoint Stockard W. Coffee as my executor to carry into effect this my last will and testament.

June 28, 1857

Testy (her

John W. Bowen Elizabeth X Gordon

Geo. W. Gordon mark)

Tennessee ] County Court August Term, 1857

Smith County]

Codicil

Whereas I have this day made my last will and testament in which I have directed all my effects to be sold as soon after my death as convenient and the proceeds divided equally among all my children and their heirs after paying all my just debts and defraying my funeral expenses, with the exception of a bed to each of my children who have not had beds. But upon further reflection & conversation wit my children I have concluded to will and bequeath to my blind daughter Mary Jackson my Negro girl Hannah during her natural life which I herby do and it is further my will that at the death of my said daughter Mary Jackson the said Negro girl and her increase shall be divided equally among all my children. I make this provision because of the affliction of my daughter Mary Jackson that she may have some one to wait on her & take care of her during her life. I therefore ordain & establish this as a codicil to my last will and testament.

(her

Elizabeth X Gordon

Mark)

June 28^th 1957

Test

John W. Bowen &

Geo W. Gordon

Smith County ] August Term 1857

County Clerk ]

This the last will and testament of Elizabeth Gordon was produced in open Court for probate by John W. Bowen and Geo W. Gordon. Motion made to file and record the codicil and last will and testament.

Witns: D. C. Sanders Clrk.

August Term 1866

George H. Orange]

vs ] Order

S. A. Bilbo et al ]

The original deed as copied from the Smith County, Tennessee Court House. The copy, and transcriptions were done by, Gail and Vernon H. Drewa in August 2002.

This cause coming on to be heard this 28^th August 1866 before Chancellor Barry. When it appeared to the Court that defendants S. A. Bilbo, Abel Bilbo, Josaphine Bilbo and Nannie Bilbo are now residents of Tennessee but citizens of Mississippi that publication was made for more than 4 weeks in succession before the present term of this court. Commanding them to appear at the present term of this Court and plead, answer or demur to Complts Bill and that they have failed.

It is therefore ordered by the Court, that the bill & amended bill in this cause be taken for confessed as to Abel H. Bilbo and set for hearing exparte as to him. It further appearing to the Court that Josaphine T. Bilbo & Nancy J. Bilbo are minors and have no guardian in this State. It further appearing to the Court that W. W. Ward a solicitor of this Court would be a suitable person to act as guardian ad litum for them. It is therefore ordered that he be appointed such guardian. He being in Court and accepting said trust. And he is given until December Rules to file his answer. It is further ordered that S. A. Bilbo have until December Rules to file her answer. (DWG)

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Bythella, William Ellen Gordon and John Orange Power of Attorney –1866

The original deed as copied from the Smith County, Tennessee Court House. The copy, and transcriptions were done by, Gail and Vernon H. Drewa in August 2001.

Rev Stamp |

$1.00 | Know all men by these presents that we Bythella Orange (Late Gordon )and John A Orange her husband and William Ellen Belcher (Late Gordon) all of Butler County Kentucky do hereby nominate constitute and appoint John B Belcher of said County and State and husband of Wm Ellen Belcher for us and in _________________ to receive from the administrator an admin=istratory as executor or executors of John Gordon Decd=all monies and their description of property of that is or may be due the said Bythella Orange and William Ellen Belcher as grand children and heirs of said John Gordon Decd and in our name or names to ask for &sue & demand any and all money or monies & any other heirs of property that is or may be due to us heirs aforesaid and our said attorney is fully authorized to bring any Suit and prosecute the same that is or may be necessary for a sale of any property belonging to said estate or from the collection of any debts on demand, due said estate and he is fully authorized by us to sign our names to any receipt or any other purposes that we would be required to sign and to any and all things that is or may be necessary to speedy settlement of said estate and for the recovery of our interest in said estate and the acts of our said attorney in such matters is and will be as binding on us as though we were present in person and acting of our selves and our said is empowered and authorized by us and our names to receive from any commission or receiver or from any officer any and all monies on property that is or may be due to us from said estate and in our names to execute and sign any receipt on __________convey bond that is or may be required of us to sign witness our hand and seal this 16^th day of May 1866

Bythella H Orange

signed in presence of | John A Orange

William E Belcher

State of Kentucky |

County of Butler |

I BLD Guffy presiding Judge of the County Court written and for said County and State do hereby certify that Bythella Orange John A Orange and William Ellen Belcher to me known to be the persons they represent themselves did on this 16^th day of May 1866 personally appear before me in open court and subscribed

And acknowledge the foregoing power of attorney from themselves to John B Belcher to be their act and deed for the purposes therein set forth in writing whereof I herein have set my name day and year above written

B S D Guffy P. J., Butler

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