Overton Letter, 14 Mar 1879, Smith Co, TX - Maury Co, TN

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Permission has been granted from Howard Bramlette of Nashville, TN,
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Archives by Joel Patrick Childress - londonwildcat@earthlink.net
19 September 2000
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LETTER FROM E.C. OVERTON TO JOHN F. OVERTON IN TEXAS

Columbia, Maury County, Tennessee
March 14, 1879

Dear Brother,

I received your last letter dated February 12, 1879.  I was sorry to 
hear of your financial troubles.  Also of your bad health.  You 
requested me to give you the name of some of attorney to look into 
your business with me and Jim. You are of the opinion that I made a 
mistake in my report to you.  I was forced in self-defense to make a 
deed in trust to secure my creditors in consequence of my being own
Newt Buyer’s bond.  He was sued for maladministration and judgment 
was obtained for $2,000.  He is broke and Alan was broke and I would 
have had to pay it off, but Allen received a fortune from his half 
brother James and paid his part.  And Newt’s wife paid a part, so I 
am out of it by paying $250. 

Well, in making my deed, I settled up our business in the County Court 
and including the note Jim gave to William Jameson for the horse and 
mule he bought at the sale. I was owing you $400, so without looking 
at Jim's note to you that I had paid you all except that note knowing 
your opinion in such matters. I did not think you would make me pay 
the note.  Well, I will inform you that I was mistaken and the amount
of said note.  I enclose it to you so you can see for yourself.  You 
are included in my deed of trust.

On the receipt of a former letter, I looked at the amount of Jameson’s 
payment, which I thought was the one that I took up.  The note amounted 
to near $400.  Therefore, I wrote as I did.  I will inform you that you 
gave me three receipts; the first for $400, the second for $250 and the 
third for $125, dated October 20, 1872. 

I will go back and look over my settlement with the Court as soon as I 
can and if ought has been done wrong on my part, it shall be righted.  
Jim and Lockridge have taken the benefit of the bankrupt law.  I did my 
best to get him to pay it, but could not.

I will inform you that times are hard, money scarce.  The cash system 
has been adopted by everybody here or nearly so.  I have made no crops 
for three years and last year the storm blew down all my corn and most 
were nearly in roasting ears.  Consequently, I have made a light crop.  
I made no cotton and nearly no wheat. 

I have but one hand on my place this year to cultivate fifteen acres 
in corn and cotton.  I have four sons, they work well - my oldest has 
not good health.  I fear his lungs are weak.  My wheat looks that
badly.  I sowed forty acres.  Five of burst proof, but it was all 
killed out.  The 35 may do well, I can't tell yet. 

Alfred and Alice were well a few days ago.  I had the misfortune to 
get my shop and smith tools burnt up on last Sunday night.  Our winter 
was very cold and I lost nearly all my potatoes and some of my bees 
froze.  I have lost about one-half of my lambs and some of my old 
sheep and the most of my young pigs.  I have thirty-five stands of 
bees and I think I shall run them for honey this year, as I am not fit 
for much else.

I sent for Jim by his son.  He was sick.  He promised to come but has 
not.  I informed him that you wanted your money and for him to come 
and see me.  He has been in trouble, he gained his case in the 
Chancery Court and then lost in the Supreme Court.  I had to help him 
or would have lost all, was out of corn last year in February and I 
had to furnish him, he cannot get any.  He has no credit, his boys 
seem to have no energy.  Their land was sold to pave the old Wheatly 
claims.  Jesse bought it in, yet I do not think he will ever pay for 
it.  He has bought a grocery at Hill's borough, Williamson County. 

I do not know who to recommend to you as a Lawyer of that would be 
honest and punctual.  Yet I will give you the names of some of our 
lawyers. 

So I will commence with Judge Henry Cooper and his partner A. W. 
Stockell, Lee Bullock, Arch Wright, E.C. McDowell, John N. Wright, 
Scot Rainy, Wilks and Syker or Siker.  The above are good judges of 
law and do a fair practice.  I will write to you as soon be as I 
examine any settlement.  Jameson has not paid me any money since I saw 
you.

Write soon,
E.C. Overton

I want you to understand that my property is bound in my deed of trust 
to pay you all I owe you and my securities as administrator are bound 
for me and one of them is good. R.B. Allen is my secured and he is 
worth $100,000. 

E.C.O.

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