JACKSON COUNTY, TN - COURT - DEPOSITIONS OF J W ALLEN, MARIAH ALLEN AND SUSAN ALLEN 1879 ==================================================================== USGENWEB NOTICE: In keeping with our policy of providing free information on the Internet, data may be used by non-commercial entities, as long as this message remains on all copied material. These electronic pages may NOT be reproduced in any format for profit or for presentation by other persons or organizations. Persons or organizations desiring to use this material for purposes other than stated above must obtain the written consent of the file contributor. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. This file was contributed for use in the USGenWeb Archives by: Karen Raichle ==================================================================== Source: Jackson County Chancery/Circuit Loose Records Roll: #43 Case: Solomon Allen and others vs. Pinkney McCarver Submitter Notes: This court case is over 100+ pages long. Extracted were the depositions that related to the genealogy of the Allens, Prices, and Ellises. Resumed Monday June 16th 1879 H. W. Williams C & M The said witness J.W. Allen aged about forty years being first duly sworn deposed as follows Ques. by complainants: State whether or not you are acquainted with the parties to this suit Ans I am Ques. State whether or not you was aquainted with Elijah Price during his life time if so about how was you acquainted with him Please state your mothers name that she was before she married Ans. I was acquanted with Elijah Price some 12 or 15 years My mothers name is Mariah She is a daughter of Elijah Prices Ques. State whether or not you know the land described in litigation in this suit if so about how long have you been acquainted with the land whether or not all of said lands have lately been surveyed and measured out by E. L. Jackson the county surveyor if so state whether or not you was along Ans I am acquainted with the lands involved in this suit I have been acquainted with it ever since I could remember anything. The land has been lately surveyed by E. L. Jackson County Surveyor I was present when the Land was surveyed Ques State whether or not you have heard & read the discription & boundaries of all the lands involved in this Suit - as set forth and described in the bill of Mariah Allen & Sol Allen against - Pinckney McCarver and others? Ans I have heard the Bill read and know the Land involved in that suit Ques State how many distinct & separate tracts of land are involved in said suit of Mariah Allen & Sol Allen vs Pinckney McCarver and others according to the survey of E. L. Jackson and your knowledge of the lands & title papers to Ans. There are four distinct & separate tracts of the lands involved in this suit Ques. Please give the names by which each of said four tracts of land are generally called & known by and whether or not the name & descriptions of each of said four separate tracts of land are correctly stated & set forth in the bill of Mariah Allen & Sol Allen vs Pinckney McCarver & others Ans. One of said tract is known and called the Lynch tract one of the tract known & called the Lower or Base Tract the place where we now live is called the Home place or Sol Allen tract one other place called the Ten acre tract These tracts are named and correctly set forth in the Bill of Sol & Mariah Allen vs P McCarver Ques. State about how long Mariah Allen has been in possession of the home tract and how long she had the land of said place fenced & cultivating the same Ans Mariah Allen has been in possession of the Home tract Between 30 & 35 years and the same has been fenced for about the same length of time Ques. State about how long Mariah Allen was in possession of the lower tract or Race tract and about how many years she had said tract of land cultivated Ans Mariah Allen was in possession of the Lower or Race tract ever since I can recollect up till about the year 1861 or so when Pinkney McCarver got possession of it Ques. State whether or not Mariah Allen has had peaceable and adverse possession of the Home tract during all the time she has been living on said place and whether or not she still lives on said place Ans. Mariah Allen has had peacable and adverse possession of the Home tract during all this time and she still lives on it Ques. State whether or not Mariah Allen had & held peaceable & adverse possession of the lower tract or Race tract of land during the time from your first recollection until 1861 or 2 Ans Mariah Allen has been in peaceable & adverce possession of the Lower or Race tract field from my first recollection until 1861 or 2 Ques. State whether or not Elijah Price is dead & if so about what time he died and also state whether or not Sally Martin sometimes called Sally Price is dead Ans Elijah Price is dead he died about the year 1857 Sallie Martin is also dead Ques. (first part of question missing here) reasonable rents per annum for the Lynch tract of land Ans about $40 or $50 would be reasonable rental value for the Lynch tract of land Ques. State about how long Sally Martin has been dead Ans My understanding is that she has been dead some 2 years or upwards Ques. State about how long Pinckney McCarver has been in possession of the lower tract or Race tract of land and what would be a usual rent per annum for said Lower tract of land, taking one year with another during all the time he has had it in possession Ans Pinkney McCarver has had possession of said Lower some 16 or 17 years I think $30 per year rent would be very reasonable rent for it Ques. State about how long Pinckney McCarver has been in possession of the ten acre tract & ( missing words here) the same & what would be a reasonable rent per year for said lands Ans Pinkney McCarver has been in possession of said land some seven or eight years & have been receving the rents of the same or at least McCarver has been controlling the land about $20 per annum would be reasonable rents for said lands Ques. I will get you to state whether or not Pinckney McCarver has cultivated or had tenants to cultivate the Lower tract every year since he took it into his possession & receiving the rents or crops thereof Ans Pinkney McCarver has been cultivating or controlling said Land for 16 or 17 years (Question this deponent sortle not???) Attest H. W. Williams C & M John W Allen (___________) 4 days - $4.00 (probate?) - 5 ******************************************************************************* Mariah Allen vs Pinkney McCarver In the Chancery Court at Gainesboro Jackson County Tennessee Depositions of Mariah Allen and Susan Allen witnesses for the Plantiff in the above cause taken upon notice on the 13th day of December 1881 at the house of John W Allen in the presents of the Plantiff. The said witnesses aged sixty three & thirty four years being duly sworn deposed as follows Witness Mariah Allen aged 60 years being duly sworn deposes as follows Quest You will please state whether or not you are the wife of Solomon Allen and the daughter of Elijah Price Ans I am Quest When were you and Mr Allen married or near as you can now recollect Ans I am in my 63 or 64 year ans I was married in my fifteenth Quest You will please state low your father divided his property among his children Ans FIrst he settled Zera Allen and Nancy down here on the Richmond place, and he settled Carroll up on the place where Mr Cornwell lives Brother Waid he settled him in the Grave yard field, after Waid died Susan married again and Father bought the place where Wootsen Ellice now lives and settled her and the children there for the place where Waid lived when he died. And he settled me here and said on his deathbed he wanted me and the children to have all that he had at Sallys death for the rest had had there part Ques Where did your father die Ans He died at the old place there on the nole Quest were that the place where Charlie Lynch lived and called the Lynch tract Ans yes sir Quest You say that your father settled Zera Allen and Nancy down upon the Richmond place State whether or not that place lies below the place of land called in your bill the lower tract and is the place where William Richmond now lives or a portion thereof Ans yes sir it dos lie below the place called in my bill the lower tract and it is part of the place where Bill Richmond now live the upper bottom above Bill Richmonds Ques did Zera Allen and his wife Nancy live on said place at any time if so whereabout theron did they live Ans yes sir Zera lived on it two or three years & he may have lived longer he lived on the bluff Quest How near down to the where William Richmond lived did this tract extend Ans There is a little swag in the field the road run round there was there and that is as far down as it went Quest did not not this tract extend across the creek from the bottom field Ans My recollection is that it went across the creek as the tract above it does Quest You will please state How far said tract extends South of the creek Ans I dont think it is quite a quarter from the creek Quest You will state whether or not Flynns Creek run through this tract as well as the tract on which your father died Ans Yes sir it runs through both tracts Quest What did Zera Allen and his wife do with ther tract Ans They sold it to Henry Richmond Quest Where did they do to then Ans They moved to the Levi Gipson place Quest You have stated that your father placed Carrol on the Cornwell place you state whether or not the Cornwell place adjoins the lands of James M Richmond the lands described in your bill and there know by the name of the Lynch tract it being the tract on which Charley Lynch lived at the filing of your bill Ans yes sir Quest How long did Carrol live there? Ans I recon he lived there some four or five years and may be longer Quest What do you that place worth? Ans It is worth four or five hundred dollars I recon Quest Was it or not worth that price at the time Carroll went there Ans yes sir it was worth that Quest How long before the war did Carroll live on said place ANs I had five children when we moved here and we lived here when Carroll moved to the Cornwell place for I remember cooking and carrying their dinner to them when they was building the house Quest Did or not Zera Allen and his wife go to the land given them before or after your marriage with Soloman Allen Ans After we was married Quest What is the difference in the ages of your five oldest children Ans Between the first and second they was two years and going on three and between the second and third about the same and about the same between third and fourth and between the fourth and fifth Quest State whether or not you have occupied and held the home tract ever since you went upon it and continuously Ans yes sir and we have lived her ever since we first moved here never left Quest Did not your father give the home tract the time he place you in the possession of it Ans yes sir Quest You say that your father settled your brother Waid in the grave yard field Now I get you to state whether or not this place is same as the place called your bill the Lynch place or did it also include the lower tract Ans I recon it was all in on therr Quest When was Waid place ther; before or after your said marriage Ans After I was four five or six years Quest Who did Waid marry Ans He married Susa Allen Quest Was Waid placed on said before or after his marriage Ans After he was married Quest How long did he live there Ans I recon he lived there four or five years before he died Quest Which one had their place first Waid or Carrol? Ans Waid lived on his place first and then Carroll moved on his Quest About what time did Waid die? Ans He died while we lived on the nole and before we moved here Quest How many children have by said marriage and what are their names Ans He had two Almira and Elijah Quest You have said that after Waid died, Susan the widow of Waid married again and that your father bought where Woodson Ellis now lives and settled her and her children on it for the place where Waid lived when he died Now who did the Widow marry and state whether or not she and any of her children live any portion of said place Ans She married Wootson Ellis, and she and her children did live on the place until her and Wootson swapt lands Quest State whether or not Carrol has sold his place if so to whom Ans yes sir he sold it to one of the Joneses Quest What do think the Wodson Ellis place is worth and als the place that Zera Allen and his wife got? Ans The Wootson place is worth five or six hundred dollars and the Zera Allen place is worth six or seven hundred Quest Were they or not worth that much at the time your father respectively placed said parties on land Ans Yes Sir I expect they was Quest State whether or not the home tract it being the place where you now live was in wild forrest and had never been cultivated and had no house thereon at the time you came upon it Ans Yes Sir it was in the woods not a place cleared large enough to set a house Quest Considering the condition of the place at the time you came on it and that it only contains forty three and quarter acres what do think it was worth then also taking into consideration the prices of such land at that time Ans I recon it was worth then twenty five or thirty dollars Ques It appears from our inspection of the records of the chancery court at Gainesboro that Solomon Allen on 6 day January 1857 made a deed of trust to Joel W Settle as trustee conveying interest the ten acre tract, the Lynch tract, and the Lower tract to secure same from creditors composed R. M. Kanard, Watson M Cooke and probably others and that Watson M Cooke and Russell M Kanard on the 27 Nov 1869 in said Chancery Court filed their original bill against said Allen, Elijah Price Jr Joel W Settle, Charles C Price and yourself to wit, Mariah Allend for the purpose of forclosing said mortgage or deed of trust and that on day of ___ 1869 a decree was entered therein you will please state whether or not you ever had any notice of reading of said such before the entry of said decree Ans No Sir Quest You will please whether or not you ever had any attorney or solicotor employed to represent you in said cause ANs No sir I had no attorney Quest It appears from said records that said decree ordering said lands to be sold was entered by consent of parties State whether or not you ever gave your consent to said decree Ans No sir I never did Quest Did you or did you not ever give any authority to anybody to give your consent to the entry of said decree Ans No sir Quest State how many times you have been at Gainsboro since the war Ans I have not been there but once Quest State as near as you can when that was Ans Something like a year ago Quest State whether or not you ever had any notice of the xestance of said decree until a long time after its entry Ans No sir not till they come to dispossess me Quest State whether or not James W Smallwood While he was acting as sheriff of Jackson County came him to your house and saw the old man Solomon Allen and gave him a paper if or about when that was Ans Yes sir he came here once and gave the old man a paper but never said any thing to me and I did not know what his business was It has been some twelve or thirteen years Quest Who was present at the time Smallwood gave the paper to Mr Allen Ans Susan Allen was present and I dont no whether any other person was here or not I and Susan Allen was standing in the door Quest State whether or not you read or write Ans No sir I cant read nor write neither Quest How long did you and your husband use the lower tract for farming purposes Ans We tended it after father died until the old man sold it to McCarver her Mariah X Allen mark Witness Susan Allen aged (blank) years being duly sworn and deposed as follows Quest You will please state whether or not you have heard read the deposition of Mariah Allen taken in case of herself vs Pinkny McCarver et al pending the Chancery court at Gainsboro Tennessee Ans Yes sir I have heard it read Quest State whether or not you recollect of James W Smallwood being here on the occasion spoken of by her Ans Yes sir I recollect him being here on the occasion spoken of by her Quest State as near as you can what happened between James W Smallwood and Solomon Allen if anything Ans He never spoke to Miss Allen he called the old man out and give him a paper Quest State whether or not he ever came into the house or got off his horse Ans He never got off of his horse nor came into the house Ques How near was he to the house Ans He was in twelve or fifteen steps of the house Ques State whether or not Mrs Allen ever went to where he Smallwood was Ans No sir she never went Quest State whether or not Solomon Allen can read or write Ans I dont recon he cant he sais he cant read nor write her Susan X Allen mark The foregoing depositions was taken before me as stated in the caption and reduced to writing by me and I certify that I am not interested in the cause, nor of kin or counsel to either of the parties