John Gordon & Related Family Documents, Part III

Thomas Harper vs. Merrit Lyon – Dec 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.

Thomas Harper ]

Vs. ] O. Bill

Merrit Lyon et al ]

To the Honorable Thomas L. Williams Chancelor of the eastern Chancery Division of the State of Tennessee sitting at Carthage. The bill of complaint of Thomas Harper a citizen of the County of Smith and State of Tennessee complainant against Merrit Lyon a citizen of the County of Wilson and state aforesaid and Wyatt W. Bailey Sheriff of the County of Smith and State aforesaid defendants: Humbly complaining begs leave to show to your Honor that in December 1835 your orator was engaged in building a flat bottom boat upon the Cany fork river which he designed selling and had also a small quantity of tobacco which he had raised, which he also which wished to sell and learning that defendant Lyon was trading in tobacco that season your orator went to see him for the purpose of selling to him the boat and the tobacco which he had raised.

Lyon manifested great anxiety to purchase tobacco paid that he wished to get all the tobacco that he could ________ purchase or get to freight and proposed that if your orator would under take to purchase tobacco for him that he would furnish money to your orator from time to time to advance for the tobacco and allow to your orator $5 dollars per hundred for the first _____ $ 4 dollars for the 2^nd ______ and three dollars for _______ for all that our orator could purchase together with that your orator had raised and further stated if he could get the tobacco that he would purchase the boat, your orator finally agreed to purchase tobacco for said defendant upon the terms stated and defendant then furnished your orator with the sum of $ 200 dollars. This was on the 7^th of December 1835. Your orator executed his note to Lyons for that sum. When he promised to be up in a short time and bring to your orator more money and accordingly about the 18^th of December 1835 he came to river of your orator and whilst in the neighborhood delivered to him the further sum of $ 2.50 dollars and then closed the contract for the boat at $ 2.50 cents per foot; said Lyon then said he was doing business for another man and wished to be correct in his business and wished to enter into writing the contract that had been made about the tobacco, to this your orator most readily consented, but not being able to write your orator proposed going to Esquire Winfreys to do the business; upon arriving at Winfrey’s said Lyon directed Esquire Winfrey how to write the obligation your orator being illiterate and wholly inexperienced trusted with entire confidence to Esquire Winfrey and said Lyon to put the contract down in such a way that no advantage would be taken: when said writing was drawn up it was mentioned that there was no obligation on Lyon to furnish money to which Lyon answered that would make no difference, that he would on his part be certain to furnish money as fast as it should be needed, with this manisfestation of fairness , your orator not suspecting the fraud afterwards practiced by said defendant Lyon made his mark to his name which had already been written at the same time your orator executed his note for the sum of $ 2.50 dollars above mentioned said writing obtained from your orator in manner above stated binding him to deliver tobacco is in the files of the Smith Circuit Court , but a true copy thereof is herewith exhibited marked exhibit A., and is prayed to be taken as part of this bill. Your orator having entire confidence in the fidelity of said Lyon went on furnishing tobacco until all the money furnished thus far was expended, but said Lyon having promised to be up soon again with more money your orator anxious to accommodate and oblige him purchased what he could on short credits, but this was a slow business as tobacco that year, was considered a cash article, and your orator was known to be a poor man and the people did not know much about Lyon but about the 23rh January 1836, Lyon sent to your orator by Thomas Malone another sum of $ 200 dollars, for which your orator gave Malone a receipt, all of which notes and receipts were by the agreement to have been cancelled or delivered to your orator, when said Lyon should receive the boat and tobacco. These several sums of money together with $ 13 dollars making in all the sum of $663 dollars, was all the money that said defendant Lyon ever furnished your orator. The boat by measure amounted to the sum of $ 127. 50/100 dollars, your orator paid to Samuel Cassilinger by the directions of defendant Lyon $ 43.98 cents, and delivered to him at the time when he received the boat six hogsheads of tobacco weighing together 6627 pounds, which at the price then agreed upon amounted to the sum of $ 280 dollars at the same time your orator furnished to said defendant Lyon a sternfast rope at $ 2.50, your orator had five other hogsheads of tobacco which he had purchased for said defendant Lyon immediately in the neighborhood of the boat. Three of them were ready to be hauled to the boat, whilst the boat was being finished off, your orator proposed to go and haul in the tobacco, but Lyon told your orator not haul it then as he already had more tobacco along on the river than his boat would be able to carry, but as your orator had in contemplation a trip to Nashville in a keel boat, said Lyon directed your orator to put the five hogsheads of tobacco in his keel boat and take them down the river and either leave them at Rome or at Nashville, as he could more conveniently at th_____ at either of these places, than upon the Cany fork, and according to his instructions your orator put said tobacco upon his keel boat and took it to Nashville and there stored it in a warehouse for said Lyon your orator cannot now state the weight of said 5 hogsheads nor the defendant but will for the sake of estimate put them down at 1200 lbs each and at $ 4 per hundred, which he feels confident is not too high and at this they would amount to 112 dollars making in all the sum of $ 716.86 cents, which your orator has expended and furnished for said defendant Lyon which sum when balanced with the sum of $ 665 dollars the sum he received from said Lyon leaves a balance in favor of your orator of $ 41. 96 cents which said defendant justly owed to your orator. Yet the said defendant choosing to harass and distress your orator with suits at law brought two separate actions into the Smith Circuit Court against your orator one an action of debt upon the obligations which your orator gave to him for the money advance as above stated, and the other an action upon the case to recover damages upon the partial contract herewith exhibited and which your orator charges was obtained from him fraudulently in the action of debt he recovered against your orator the sum of $ 147. 51 cents with $ 8.19 costs: in the action upon the case he recovered the sum of $ 117 dollars and $ 107. 46 cents cost. So that your honor now sees the peculiar hardship under which you r orator is laboring and the reason why the 30 hogsheads of tobacco was not purchased was because the said defendant Lyon failed to furnish money to your orator as by his solemn contract he was bound to do: your orator attempted at law to avail himself by showing by __________-----, the contract as it in fact existed, but was successfully resisted by the defendant Lyon having the benefit at law of writing ______ to be the obligation and entire contract of your orator as above set forth in the exhibit, executions are now in the hand of the said Sheriff of Smith County who levied the same upon the property of your orator to satisfy said judgement and costs and as your orator is wholly renediss by the strict rules of the common law and is only relievable in your Honorable Court where matter of fraud & is properly cognizable: your orator thereupon prays that writs may issue directed & commanding & to the end that said defendants may be compiled upon their conjoined oaths fall true & perfect answers to make to all and every part of this bill in as full and perfect a manner as if they were particularly interrogated; and particularly let defendant Lyon answer and say whether he did or did not agree to furnish your orator with money to purchase the tobacco mentioned in the obligation here exhibited whether he did not say at Winfreys that he would furnish it as fast as it should be need go to be advanced for tobacco. Let him answer whether he did not direct the 5 hogsheads to be taken to Nashville or Rome as stated in this bill, and your orator further prays that writs of injunction may afore directed & commanding & to the end that said defendant Bailey Sheriff as aforesaid be restrained from proceeding further with said executions and finally that said defendant Lyon be perpetually enjoined from collection of said judgements and that he may be compelled to pay the cost incurred at law and the cost of this proceeding and your orator further prays that your honor would grant unto him such other and further relief in the premises as unto your honor may seem right and as in duty bound he will ever pray – this is the first application for writs of injunction.

Hubbord & McClain Solicitors

State of Tennessee ]

Smith County ] This 13^th day of July 1838 came Thomas Harper complainant in the foregoing bill and made oath before me that the statements therein made as of his own knowledge are true and those as on information he believes to be true and hereto subscribe his name. I subscribing it by his direction.

Thomas Harper

Ab. Caruthers, Judge of the 4^th Civil Circuit

Let the clerk of the Chancery Court at Carthage issue an injunction agreeably to the prayer of the foregoing bill, complainant giving bond and security according to law given under my hand at Grassland this 13 day July 1835. Ab. Caruthers Judge

(Exhibit A)

This do certify that I have this day bargained and sold to Merrit Lyon thirty hogs heads of tobacco at the following price – F at five dollars per hundred S at four dollars – X at three dollars to be inspected when delivered by two disinterested men. The said tobacco to be delivered by the first day of March 1836. December 13^th 1835.

His

Thomas X Harper

Mark

Test. David Winfree

The Separate answer of Merrit Lyon to the bill of complaint filed against him and one Wyatt W. Bailey in the Chancery Court for Smith County at Carthage. This respondent saving to himself every advantage that he might have by plea or demurren to the imperfections and want of equity to the bill of complainant for answer thereto says, that its true that he recovered two judgements against the complainant as stated in the bill as he supposes being so informed by his attorney. It is also true that he bought a boat of complainant at the price and time stated, the price of which was set off by agreement against his claim for money advance. The contract is correctly set forth in the article of agreement exhibited in the bill. It is utterly untrue that any fraud or deception was practiced upon complainant in obtaining said article. It was written by respondent himself at his said complainants request and read over to him. It is most positively denied that this defendant ever agreed to advance to complainant the money with which to buy the aid 30 hogshead of tobacco or any part of them, as a condition precedent to the compliance with said contract by complainant. But this defendant was willing to advance to complainant such sums of money as he thought it safe to risk in his hands in advance of the delivery of the tobacco. It will be seen by the account given by complainant that this defendant did advance to him five or six hundred dollars, and perhaps more before he received any tobacco. Instead of binding himself to furnish the money to complainant with which to buy the tobacco, this defendant would not have trusted him with half the amount without good security. The complainant was anxious to make the engagement saying that he could get the tobacco for less in small parcels among his neighbors and by gathering it together and bestowing some labor upon it make some profit to himself. Indeed he was anxious to engage more but defendant told him to sell no more than he could certainly get for it would be a great disappointment to him to have a failure in the matter, as he would make arrangements to carry the quantity engaged. Complainant no doubt calculated as tobacco was then high that it would probably fail and he would be able to make something considerable in the trade. But the article still continued to rise and it became the interest of complainant to break his contract and instead of 30 only delivered six hogsheads. For which 6 hogsheads together with the boat and some other small items, the complainant received a credit on the suit at law for the money advanced and after allowing the same by the complainants own showing defendant recovered a judgement against him for $ 117 . And after resorting to every defense the defendant recovered at law, in a separate action on the cause for breach of contract, in not delivering the balance of the tobacco $ 177.__. This defendant was very much disappointed in the smallness of the damages; for he calculated confidently on receiving three times as much. And would be perfectly willing if it were consistent with the rules of this Honorable Court to go into a reexamination of the whole matter in this Court. As to the five additional hogsheads which the complainant says he had ready to deliver when defendant star____ with his boat. This defendant says that he had none ready but the six hogsheads delivered and accounted for and that he never agreed to receive them at Rome or Nashville, and if any conversation to that effect ever took place, he feels confident that he never professed to receive it at any place after he had _______ it with his boat it is surely unreasonable to suppose that he would act so foolishly. If complainant did therefore take and deposit tobacco at Nashville it was on his own account and at his own risk and he cold have disposed of it as he saw fit. But even if this were so it is surely a matter that he did or could have availed himself of at law. And so as to the ground taken for coming into this Court on the point of evidence, to wit, that at law he was not permitted by verbal proof to alter, enlarge or change the written contract by proving that there were certain undertakings by defendant which were not there in contended, he would submit to the Court whether the rule is not the same in equity. This respondent consequently insist that there is no equity in the bill of complaint and that he shows no ground of defense against this claim of respondent that was not equally available to him at law. He therefore prays that the complainants bill be dismissed and that he have the same advantage of the matter as if he had demurred. Having this fully answered & he prays that he injunction in this case be dissolved & that he have a decree for his money and costs.

Rob. L. Carruthers Solicitor

State of Kentucky ]

Todd County ] This day personally appeared before me an acting Justice of the Peace for Todd County, Ky, Merrit Lyon, the respondent in the foregoing answers, and made oath that the matters facts therein stated of his own knowledge are true and those stated on information he believes to be true to the best of his knowledge & beliefs. Sworn to & subscribed before me this 4^th day of October 1838. George L. Glenn J. P.

State of Kentucky ]

Todd County ] I Willis L. Reves Clerk of the County Court of Todd County, do hereby certify that George L. Glenn whose name is affixed to the foregoing affidavit is and was at t the time of doing the same an acting Justice of the Peace for Todd County and that his certificate is in due form. Given under my hand & seal of office this 8^th day of October 1838.

Willis L. Reeves, Clk

of Todd County Court

State of Kentucky ]

Todd County ] I Daniel Causon Chairman and presiding Justice of Todd County Court do hereby certify that Willis L. Reeves whose name is affixed to the foregoing certificate is and was at the time of signing and sealing the same the Clk of the County Court of said County and that his certificate is in due form. Given under my hand & private seal of this 8^th day of October 1838.

Daniel Causon presiding

Magistrate for said County

(Replication)

And the complainant comes and for replication to said Lyons answer. Say that said answer is untrue, evasive and insufficient to be replied unto and that he the complainant will maintain and prove his bill to be true and prays as in and by his bill he hath already prayed. 17^th Febry 1839. Hubbard & McClain solicitors ( BOND). Know all men by these present that we Thomas Harper, Benjamin Harper and Benjamin Parrot are held and firmly bound unto Merrit Lyon and Wyatt W. Bailey in the final sum of five hundred dollars for the payment of which we bind ourselves and each of our heirs, executors and administrators, jointing and severally. Wittness our hands and seals this 19^th day of July 1839.

Whereas said Thomas Harper filed a bill of complaint in the Chancery Court at Carthage against said Merrit Lyon and W. W. Bailey now the condition of the above obligation is such that if said Thomas Harper 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.

Test. John G. Park His

Thomas X Harper [Seal]

Mark

His

Benjamin X Harper [Seal}

Mark

Benjamin Parrot [Seal]

February Term 1839

This cause came on 25^th day of February Term 1839 on motion to dissolve the injunction heretofore granted and bill and answer and exhibit being heard and 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 cause be dissolved, and that execution issue as at law from this Court in favor of the defendant, against complainant and Benjamin Harper and Benjamin Parrot his securities in this injunction for two hundred and sixty four 31/100 dollars the amount of the judgement at law with interest from the time of their rendition upon the defendant entering into bond and approved security in double the amount to refund the same if so ordered on a final decree.

August Term 1839

Be it remembered that this cause came on before the Court to be heard and was heard on this 29^th day of August 1839 but in as much as the Court is not satisfied as to what decree ought to be rendered in this cause, the same is ordered by the Court to be continued under advisement until the next term.

February Term 1840

Be it remembered that on this 27^th day of February 1840 this cause came on to be heard and was heard before the Honorable Thomas L. Williams Chancellor & upon bill answer and replication and proof at it appearing to the satisfaction of the Court from an exhibit in this case that the contract between the parties had been reduced to writing and signed by them, and the Court being of opinion that the heard evidence offered by the complainant for the purpose of explaining and contesting the said contract is incom____anent, and cannot be received as evidence; it is therefore ordered adjudged and decreed by the Court that complainants bill be dismissed. But because the Court of opinion that if the _______ testimony offered by 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 costs of this suit.

(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 your interpretation. /s/ Vernon H. Drewa)

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

Stephen Haynes to John Black – August 1836

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 presents that I Stephen Haynes of the County of Smith and State of Tennessee for and in consideration of the sum of fifty dollars to me in hand paid by John Black of the County of Smith and aforesaid before the sealing and delivering of these present hath this day bargained sold conveyed confirmed and delivered into the said John Black his heirs, executors and administrators, one pot oven and lid one skillet one set knives and forks one set cups & saucers two feather beds one ________ two weeding hoes one iron wedge twelve books and all my crop of tobacco that is now growing on my plantation whereby I now live which tobacco I the said Stephen Haynes is bound to cut house strip and prize for the said John Black and all which articles and property I the said Stephen Haynes do warrant to be good sound and first rate and I the said Stephen Haynes do for myself my heirs execution an administrators do warrant and will forever defend unto said John Black his heirs executors & administrators. The before mentioned property against myself, my heirs executors and administrators and every person whomsoever in both law and equity. In testimony whereof I the said Stephen Haynes hath hereunto set his hand and affixed his seal this 27^th day of August 1836.

Atest: Thomas B. Day ] Stephen Haynes [Seal]

John Moppins ].

State of Tennessee ]

Smith County ] Personally appeared before me John P. Burnett, Clerk of Smith County Court Stephen Haynes.

Richard Haynes to James Evetts – May 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.

This indenture made 26^th May 1837 between Richard Haynes of the one part and James Evetts of the other part. Witnesseth whereas said Richard Haynes is indebted to Andrew Payne in the sum of one hundred and forty three dollars by note dated the 26^th May 1837 and due 1^st March 1838 & being desirous to secure the payment of the same hath bargained sold and delivered unto said James Evetts trustee for the parties the following property one cow one gray mare blind fifteen head of hogs two ploughs one singletree and clevises and one pair of geese three beds bed steads and furniture one table two trunks one mans saddle one side saddle 1 loom one grindstone and all my household and kitchen furniture and three hogsheads of tobacco now in New Orleans freighted by said Payne now if said note of one hundred and forty three dollars shall fall due and the said Haynes does not pay the same the James Evetts is to advertise and sell _________ of said property will satisfy said debt and cost of said trust or leaving the same into Execution and if there should be any remaining it is to be returned to said Haynes ten days notice is to be given before said sale can be made. Witness my hand and seal this 26^th day of May 1837.

Rufus Haynes Richard Haynes [Seal]

His

William X Petty James Evetts Trustee [Seal]

Mark

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

Rufus Haynes from Robert West – Aug 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 and sold and do hereby transfer and convey to Rufus Haynes and his heirs forever for the consideration of five hundred dollars to me in hand paid a tract of land in the State of Tennessee Smith County and District No2 and owning by estimation sixty five acres to the same more or less & bounded as follows Beginning on a prong of the second large branch that enters into Defeated Creek where its mouth on the west side of said creek at the mouth of a small draw that enters into said branch running south seventy two poles to white ash on the top of the ridge thence on the top of the ridge south western direction seventy eight poles to a dogwood on the top of the ridge thence west fifty four poles to a black ash & 2 sugar tree thence north with a marked line one hundred and 2 – poles to the branch to a stake thence down the branch eighty eight poles to the beginning to have and to hold the same to the said Rufus Haynes his heirs and assigns forever. I do covenant with the said Rufus Haynes that I am lawfully seized of said land have a good right to convey it and the same is unencumbered. I do further covenant and bind myself my heirs and representatives to warrant and forever defend the title to said land and every part thereof to the said Rufus Harper his heirs and assigns forever against the lawful claims of all person whatever given under my hand and seal this 6^th day of August 1844.

Witnessed by: David Smith Robert West [Seal]

John M______

State of Tennessee, Smith County – August Term Chancery Court 1844

Then the within deed of conveyance was produced in open Court for probate and was duly acknowledged by Robert West the within named bargainor and on motion ordered to be certified for registration. Copy from Minutes.

____________ Reg. 8^th Aug 1844 John J. Burnett, Clk

Allen Stallens Reg. of Smith County Court.

Rufus & Stephen Haynes – 1856

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 for myself & 2 Rufus Haynes for myself & as guardian for the minor children of Thomas Haynes deceased to wit, Elizabeth Haynes, Claborn Haynes, Harriet Haynes, Virginia Haynes & Willis Haynes of Jefferson County in the State of Arkansas do hereby constitute & appoint Claborn West of Smith County in the State of Tennessee to be our true sufficient & lawful attorney for us & in our names & for our sole use to receive the legacy due us. Stephen Haynes & Rufus Haynes & also that of the minor children of Thomas Haynes deceased as above stated to ask & receive from Harraby Smith executor of Daniel Smith deceased & in our names to receive the amount due or owing from the estate of said Daniel Smith deceased to the heirs of Thomas Haynes deceased & for the purposes aforesaid We do hereby grant unto our said attorney full power to execute & deliver all needful instruments & papers whether under seal or not to institute & prosecute to final judgement & execution all process in law or equity for the authority ___________ ___________ as fully we might & could do __________ ________ __________ ___________ ___________ satisfying & confirming __________ ___________ said attorney ____________ by ____________ & in ________________ of these present in testimony whereof we have hereunto sit our hands & seals this the 10^th day of June in the year of one thousand eight hundred and fifty six.

Stephen Haynes [Seal]

Rufus Haynes [Seal]

& as guardian for the minor children of Thomas Haynes deceased.

Elizabeth Haynes

Claborn Haynes

Harriet Haynes

Virginia Haynes

Willis Haynes

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 & Rufus Haynes for himself & the minor children of Thomas Haynes deceased to wit. Elizabeth Haynes, Claborn Haynes, Harriet Haynes, Virginia Haynes, Willis Haynes & acknowledged the foregoing power of attorney to be their own act & deed for the purposes & consideration that are set forth. Given under my hand this day & (Note: Remainder of text was not copied/received. Vernon Drewa.)

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

Richard Cunningham et al, vs. Francis H. Gordon et al – 1868

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.

Note: Due to the length of this document, Gordon’s name is highlighted where it appears. /s/ Vernon Drewa

Chancery Court Minutes, Smith County, Tennessee, August 1868

Richard Cunningham, Francis Cunningham, Elizabeth Given, W. L. Hawkins & his wife Sarah Hawkins, Rochie Cunningham & Mesher Cunningham

Vs.

Robert James, Francis H. Gordon & T. B. Flippin

Be it remembered that on this the 24^th day of August 1868 and on _______ ______ of the present term of this Court this conveyance on to be heard before the Hon. Charles G. Smith Chancellor presiding upon the bill answers exhibits and proof where it appeared to the Court that James Cunningham died intestate in the year 1844, seized and _________ in fee simple of the following tract of land _______ . This indenture made the 28^th of August one thousand eight hundred & thirty seven between John Barber of one part and James Cunningham of the other part, both of the County of Smith and State of Tennessee witnesseth that the said John Barber for and in consideration of the sum of three thousand dollars to him in hand paid by the said James Cunningham the report whereof is hereby acknowledged that Ruth Givin grantor bargained and sold & conveyed unto the said James Cunningham a certain tract or parcel of land to be three hundred acres lying and being in the County and State aforesaid on the waters of Rolls Creek and bounded as follows; beginning on a buckeye on the bank of said creek running _______ 150 poles to an ash & sugar tree, thence south 134 poles to a _____ thence E 56 poles to a elm and sugar tree to Mr. Estes N.E. corner thence S 128 poles to a white oak thence S 36 poles to a walnut thence S 108 to a stake in the S. B. of 10 acres tract of said Burbee thence E 64 poles to a stake in the branch near Tolmers farm thence N with the meandering of said branch _____ ______ walnut corner at 31 poles on to a stake said Litchfield N.W. Corner thence E 102 poles to a _____ ______ N 113 poles to a _______ thence W 90 poles to an elm in the branch thence N with the old of said branch 138 poles to the beginning, with all it appurtenances to the said James Cunningham for himself heirs and assigns forever. And the said John Barber binds himself his heirs or lawful executors to warrant defend said right against all claims whatever as witness my hand this the day and date above named.

John Barber (Seal)

Test. John Litchfield

Test. William ___________

State of Tennessee Smith County ]

February Term County Court 1858 ]

When the execution of the within deed of conveyance _______ John Barber to James Cunningham for three hundred acres of land lying in Smith County in the waters of Rolls Creek. ____________ date 28 August 1837 was produced in open Court for probate and was duly acknowledged in open Court by John Barber the bargainor and on motion ordered to be certified for registration.

Copy from minutes, Page 283

John J. Burnett Clerk

of Smith County Court

State of Tennessee ]

Smith County ]

Registers of February 7^th 1838. I hereby certify that the within deed of conveyance from John Barber to James Cunningham together with the probate for registration is duly registered in my office in Book A, page 217.

Harry Hogg Register

for Smith County

It further appeared to the Court that said James Cunningham at his death left a widow Sarah Cunningham and the living eleven children his only heirs at ___________ to wit Heywood Cunningham, James Cunningham, Jessie Cunningham, Samuel Cunningham, Nany Cunningham, Elizabeth Cunningham who intermarried with defendant Robert James, Richard Cunningham, Sarah Cunningham who has intermarried with complainant W. L. Hawkins, Rochir Cunningham and Mesher Cunningham. It further appeared to the Court that complainant Francis Cunningham executor to defendant Robert James a certain deed for his interest in said land on the 29^th November 1850 which deed is in the following words & figures to wit. J. Francis Cunningham hereon this day bargained and sold to Robert Givin for consideration of one hundred and fifty dollars in had paid the receipt whereof is hereby assigned to all the interest I have in and to the estate of my father James Cunningham both real and personal which is one eleventh after _________ the_________ & that is to say my distribution share of all the personal estate and also any right, title and interest in and to the tract of land on which my father was living at the time of his death. Which said tract contained about 280 acres & lying on Rolls Creek in Smith County Dist No 13 & bounded on the south by _________________ Litchfield on the west by Mores Estes & McCalls in the north by T. B. Flippin and on the east by Evin Williams and William Everet to have & to hold to the said Robert Givin his heirs and assigns forever I do covenant with said Givin _____________ I have a __________ right to said interest and that the same is unencumbered and I further bind myself my heirs and representatives to forever warrant and defend the aforesaid interest to him the said Givin his heirs & in testimony whereof I have hereunto set my hand and seal this the 29^th of November 1850.

Francis Cunningham (Seal)

______ ____land ]

to Douglas ]

Tennessee Smith County] Personally appeared before me William V. R. Hallum Clerk of the County Court of Smith county Francis Cunningham the within named bargainor with whom I am personally acquainted and who acknowledged that he executed the written deed for the purpose therein contained witness my hand at office this 29^th day of November 1850.

W. V. R. Hallum Clerk

It further appeared to the Court that said Francis Cunningham by said deed conveyed all his right, title and interest in & to said land of Jas. Cunningham deceased to said Robt. Gann and has no interest whatever therein. It further appeared to the Court that this cause was dismissed heretofore by decree of this Court as to complainant Richard Cunningham and Elizabeth Gann. It further appeared to the Court that dower in said land of Jas. Cunningham deceased was assigned to Sarah Cunningham widow of James Cunningham deceased in the land of which her husband died seized and possessed as aforesaid by decree of the Circuit Court of Smith County Tennessee upon proper proceedings instituted in said Circuit Court for that purpose by said widow that the dower so assigned to her as aforesaid by said decree was by her on the 28^th day of March 1848 by deed of that date conveyed to defendant Robert Gann. The boundries of said dower as assigned and conveyed are as follows:

“Whereas by the Statutes of Dower I am lawfully seized of a life estate in a tract of land in the State of Tennessee Smith County in Dist. No. 13 on Rolls Creek containing by estimation 94½ acres and bounded as follows, to wit, beginning at a stake in a branch running thence west fifty nine & ½ poles to a stake, thence south 128 poles to a stake, thence east 23 ½ poles to a walnut thence south 97 poles to a stake, thence north 88 degrees east 65 poles to a rock at the branch, thence down the branch with its meanders 128 poles to a stake thence north 83 ½ degrees west 6 poles to a stake in the road, thence with the meanders of said road 94 poles to a stake at the branch, thence west 2 poles to an elm, thence down the branch to the beginning. Now for the consideration of two hundred and forty dollars to me paid I have bargained and sold and do hereby convey my said life estate in said tract of land to one Robt. Gann to have & to hold to the said Robt. Gann for and during the term of my natural life, the title to which for said term I do warrant and agree to defend against the lawful claim of all persons whatever. This March 28^th, 1848.

Sarah Cunningham (Seal)

Signed Sealed and delivered

in presence of us.

Harvey D. Wilson

William Gann

State of Tennessee ]

Smith County ] Personally appeared before me John J. Burnettt, Clerk of Smith county Henry D. Wilson & William Gann subscribing witnesses to the within deed of conveyance who being first sworn deposed and say then they are acquainted with Sarah Cunningham have the within named bargainer, and that she acknowledged the same to be her act & deed upon this day it bears date witness my hand at office 28^th March 1848.

John J. Burnett Clerk

of Smith County Court

State of Tennessee ]

Smith County ] I do hereby certify the written deed and above probate is duly registered in my office in Book I, Page 42, 3^rd March 1848 and noted in index book A page 93 same date at 3 o’clock PM.

Given under my hand at office same date.

D. C. Sanders, Reg of

Smith County

It further appeared to the Court that said children of James Cunningham deceased on the 14^th day of Aug 1848 by their joint petition, instituted proceeding in this Court for the sale of all their right title & interest in said tract of land of which James Cunningham deceased seized & possessed aforesaid including the remainder in Dower as aforesaid that a reference in said cause was made to the clerk & master of this Court, to take proof & report on the minimum value of said land subject to the widow’s dower, that the clerk & master took proof & reported $1500.00 as the minimum value subject to the widows dower & that said report was confirmed by decree of this Court & the following decree of the sale ________________”to wit.”

“Cunningham heirs exparte –

Be it remembered that this cause came on to be heard before Chancellor selling at Carthage August Tennessee upon the report of the clerk & master which is hereby confirmed n all things, and it appearing that the land mentioned in the petition herewith filed is worth the sum of $1500.00. Upon a credit of one and two years subject to dower & __________ & that if would be for the interest of the heirs that the same be sold. It is therefore ordered adjudged & decreed that the clerk and master shall proceed to sell the same at the Court House door in the town of Carthage after giving 40 days notice at Rome Divan Spring Wards & Carthage upon a credit of one & two years except a sum sufficient to pay the costs & solicitors fees of $ 25.00 which shall be paid in cash at the time of the sale and that the same be sold subject to the widow’s dower. The clerk & master taking a bond and security for the purchase money and retain special lien for the purchase money, all other matters are reserved until the coming in of the report of sale at the next term and it further appeared that the clerk & master sold said land & reported his said sale to this Court when the sale was confirmed and the following decree of confirmation was pronounced.”

Cunningham heirs ]

Petition Exparte ]

Be it remembered that this cause come on to be heard upon the report of the clerk & master showing that he sold the land described in the pleading on the 9^th of December 1848, when the same was struck off to Robt Gann at & 2483.00 dollars, and paid into office sixty dollars & executed his two notes for & $1211.50 each with good security, due in one & two years. And it appearing to the Court that no exceptions have been filed to said report. It is thereupon ordered, adjudged & decreed by the Court that said report be in all things confirmed. It is further ordered by the Court that this cause be continued & ______.

It further appeared to the Court that at the February term of the Court 1850 the following decree divesting & vesting title was pronounced. Namely, Cunningham heirs exparte. Be it remembered this cause came on to be finally heard before the Honorable B. L. Ridley Chancellor & __________ whereas it appearing that Robert Gann became the purchaser of the land formerly belonging to the estate of James Cunningham deceased, the report of said sale having been confirmed, it is therefore ordered adjudged & decreed that the right & title of the land in the pleadings must now be divested out of the heirs of James Cunningham deceased to wit; James, Haywood, Jesse, Samuel, Elizabeth Gann formerly Elizabeth Cunningham, Nancy, Frank, Richard, Sarah, Rochie & Mesher, their heirs and assigns forever and that the same be vested in the said Robt Gann his heirs & assigns forever and that a lien be obtained upon said land in favor of said heirs, until the payment of the purchase money. It is therefore ordered that the clerk & master retain possession of the said notes till he same becomes due & collect & distribute the same to those entitled to the same or to the regular guardian of the minor children their distributive share respectively.

It further appeared to the Court that all the purchase money for said land was collected under the decree of this Court, that Tilman B. Flippin as guardian of complaints Richard, Sarah Cunningham now wife of _____ W. S. Fleankin, Reenie and Mesher Cunningham paid over to Robert Gann who was his successor in said guardianship the shares to which respectively said wards were entitled in the proceeds of said land. It further appears to the Court that on the 11^th day of Sept 1861 one Harry D. Malcom & Robert Gann by deed of that state conveyed a part of said land to one John H. Bates, said deed is in the following words:

“For and in consideration of the sum of fifteen hundred dollars we have this day bargained & sold and do hereby convey to John H. Bates his heirs & assigns forever a certain tract or parcel of land lying and being in the County of Smith & State of Tennessee in District 13 and on the waters of Rolls Creek, bounded as follows beginning on a beech in Moses Estes East boundry line thence south 100 poles to a white oak thence east 36 poles to a walnut thence south 108 poles to a stake in the east boundry of a ten acre tract of John Bundee thence east 64 poles to a stake in the branch near Litchfords fence thence north with the meanders in of said branch passing Litchfords walnut corner 30 poles to a stake, said Litchfords northwest corner thence east 102 poles to a stake thence north 113 poles to a sugar tree thence 90 poles to an elm in the branch thence south 12 ¼ poles to the road thence west to the beginning, containing by estimation 150 acres be the same more or less to have & to hold the same to the said John N. Bulls his heirs and assigns against the lawful claims of all persons whether we the said H. D. Wilson & Robert Gann covenant & bind ourselves our heirs and assigns to warrant and forever defend the right title & interest of the said land to the said John H. Bates & his heirs & assigns forever. Given under our hands and seals this 11^th Sept 1851.

Harvey D. Wilson (Seal)

His

Robert Gann X

Mark

T.B. Flippin

Francis Cunningham

Tennessee Smith County ] Personally appeared before me W. V. R. Hallum Clerk of the County Court of Smith County Harvey D. Wilson & Robert Gann the within named bargainor with whom I am personally acquainted & who acknowledged they executed the within deed for the purposes therein contained. Witness my hand at office this 22^nd day of March 1862. WVR Hallum Clerk Wed 10^th April 1862.

Dale Sanders Reg.

State of Tennessee ]

Smith County ] I James P. Mckee register of said County do certify that the foregoing is a true & correct copy as received in my office in Book U page 394. Given under my hand at office this 12^th June 1866.

James P. McKee Reg

It further appeared to the Court that on Tuesday 1^st day of March 1856 said John H. Bates by general warranty deed of trust date sold said tract of land bought by him as aforesaid of said Harvey Wilson & Robert Gann to defendant Francis H. Gordon.

It further appeared to the Court that on said Robert Gann by his title bond bearing date 4 Nov 1858 covenants to convey to defendants T. B. Flippin the part of said James Cunningham and not embraced in the deed aforesaid to said Bates that thereafter on the 4^th Feb 1854 said Robert Gann by deed of that date with covenants ______ rights to convey & general warranty inventory conveys all his right title & interest in & to the land set forth in said decree and therefore covenants to be conveyed as aforesaid by said title bond said deed is in the following words & figures. I Robert Gann have this day bargained & sold & do hereby transfer & convey to T. B. Flippin &his heirs, forever for the consideration of one thousand and three hundred and seventy four dollars to me paid a tract of land in the State of Tennessee, Smith County & District No. 13 containing by estimation 144 acres be the same more or less & bounded as follows beginning at a buckeye or stake at Rolls Creek said Flippins southeast corner thence west with said Flippins line 149 poles to a hickory Flippins southeast corner thence south with John McCall & Armstrongs line 140 poles to a ____ Moses Estes northeast corner

Thence east 50 poles to a sugar tree stump Moses Estes northeast corner thence south 28 poles to F. H. Gordon’s line, thence east 97 poles to Rolls Creek thence north with the meanders of the creek 145 to the beginning. To have & to hold the same to the said T. B. Flippin his heirs & assigns forever. I do further covenant with the said Flippin that I am lawfully seized of said land have a good right to convey it and that the same is unencumbered. I do further covenant & bind myself my heirs & representatives to warrant & forever defend the title to said land and every part thereof to the said Flippin his heirs & assigns against the lawful claims of all persons.

Subscribed this 4 Feb 1854

His

Robert X Gann

Mark

Test.

James W. Grissim

H. Williams

Tennessee ]

Smith County ] Personally appeared before me William V. R. Hallum Clerks of the County Court of Smith County, James W. Grissim & Henry Williams subscribing witnesses to the ___________ deed who being first sworn _______ & ____________ that they are acquainted with Robert Gann the bargainor and that he acknowledges the same in their presence & by his act & deed upon the day it bears date witnesses my hand at office this 28^th March 1854.

W.V. R. Hallum Clerk

Tennessee ]

Smith County ] I David C. Sanders Regr do certify that the within deed & above probate is duly registered in my office in Book V Page 520 and noted in note Book A Page 189 the 28^th March 1854 at 9 o’clock AM.

D. C. Sanders Regr.

It further appeared to the Court that said Robert Gann purchases as aforesaid took actual possession of said land decreed to him as aforesaid that therefore said Bates under him and said Wilson and said F. H. Gordon under him the said Bates and the said Flippin under said Gann under their deeds as aforesaid respectively including said dower & said lands aside from said dower with said possession respectively under said decree and bonds & deeds have been actual continuous open & adverse & for more than seven years before the filing the bill in this cause on the 4^th March 1861 ___. It further appeared to the Court that defendants Gordon & Flippin are bona fide purchasers __________ & full fair & adequate consideration respectively paid by each of them without any notice. It further appeared to the Court that said defendants Gordon & Flippin have made valuable improvements on said land which enhances the value of the remainder interest in said dower land. It further appeared to the Court that complainant Sarah Hawkins was born on the 13^th Nov 1837—Rochie Cunningham on the 26^th January 1840 & Mesher Cunningham on the 15^th day of June 1844. And that the other complainants were more than 24 years of age at the date of the filing the bill in this cause as aforesaid.

It is therefore ordered adjudged & decreed by the Court that bill in this cause be dismissed as to all the complainants except Sarah Hawkins Rochie Cunningham & Mesher Cunningham, the said sale made by this Court as aforesaid be held & deemed valid except as to the remainder interest in said dower. That this Court also have jurisdiction of the parties and the subject matter of litigation in decreeing the sale of said land as aforesaid except said remainder that the bill be dismissed as complainants Sarah Hawkins, Rochie Cunningham & Mesher Cunningham as to ________ the other lands in litigation but said remainder.

That as to said remainder the complainants last aforesaid is each entitled to one eleventh interest therein in common with defendants Gordon & Flippin who are according to the boundaries of their deeds aforesaid entitled to the remaining eight elevenths of said remainder interest and to the life estate of said widow who is still living and to fee simple estates in said land exclusive of dowers under their said purchases & deeds aforesaid.

It is further ordered adjudged & decreed by this Court that the clerk and master

Acct ] take proof & start an account what each of said complainants

Notice ] Sarah Rochie & Mersher should be charged of the purchase money on which