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  Charles Durham et al vs. J. A. Jackson et al, 1896


Transcribed by Linda Carpenter

©2002

Source: TSLA Microfilm #5073, Case #4404 


Complainant's Proof:

Mr. B. N. Flemming being first duly sworn depose as follows:

Q. 1. State your age and residence? A. My age is 71, and I live near Bransford Sumner County.

Q. 2. State if you knew Jesse Meadow and about what time did he die? A. I knew him, he died in 1858 I reckon.

Q. 3. State if you knew the tract of land upon which he lived at the time he died? A. I did.

Q. 4. State where his lands are situated which he owned at the time of his death? A. It was situated in the forks of Bledsoes creek and the Rock House Creek.

Q. 5. About how many acres were there? A. There was according to our survey 280 acres, 280 odd acres.

Q. 6. State if you was one of the Commissioners who divided said land some seven years after his death, and who else aided you in dividing it? A. Yes sir I was, old many James Tally, and Maj. Gillespie was the surveyor.

Q. 7. State if he did not leave a widow named Polly D. Meadow and two daughters Malvina F, who married J. G. Durham and also a daughter named Martha who married L. W. Gilliam? A. Yes sir he did.

Q. 8. About what time did Malvina F. die, and about what time did J. G. Durham die? A. I can't give the dates.

Q. 9. Did not J. G. Durham die about 1894? A. I reckon he did I did not charge my memory with it.

Q. 10. Do you have any idea as to when Malvina F. died? A. I could not fix the exact date now to save my life, I knew she died and knew when she died but I can't fix it now to save my life.

Q. 11. State if Charles Durham, Jesse Durham, Myrtle Durham, Saphrona Powers and Mollie Martin are not the children of Malvina F. and J. G. Durham? A. Yes sir they are. 

Q. 12. When did Martha Gilliam and husband L. W. Gilliam die? A. I can't give that date unless I study about it, but they are dead. I know that.

Q. 13. State if these compts. are not the grandchildren of Jesse Meadow? A. They are.

Q. 14. State if the land of Jesse Meadow did not originally belong to Thomas Gilmore? A. Yes sir he owned the Gilmore farm.

Q. 15. State if the Meadow or Gilmore tract of land is not situated in Sumner County District No. 11, and on the East side of the Gallatin and Scottsville turnpike, and does not the C. & N. R.R. run through it, and is it not bounded on the North by Claiborn and Wilkerson, and on the East by J. A. Jackson, and on the South by J. W. Whiteside, and on the West by Charlie Meadow? A. It is bounded on the North by Claiborn and Wilkerson and on the West by Charlie Meadows, and South by J. W. Whiteside, and on the East by J. A. Jackson which is a part of the Meadows tract.

Q. 16. Who is East of J. A. Jackson? A. It belongs to the estate of old man James Mason.

Q. 17. Do you know what time Polly D. Meadow died? A. Not exactly, she died about 1883 I think.

Cross-Examination:

Q. 18. About what time did the Commissioners divide the estate of Jesse Meadows? A. I can't give the date, but it was before the war in 1859 or 60.

Q. 19. Do you remember how much land Jesse Meadow owned and whether or not it was in one tract at the time of his death? A. I think sir it was 280 odd acres and it was all in one tract.

Q. 20. Do you know that this was all the land that he owned in Sumner County? A. No sir it was not.

Q. 21. What other land did he own? A. He owned two tracts of ridge land, North of the ridge, but we had nothing to do with the dividing of these tracts.

Q. 22. Who owned this 280 acre tract before Jesse Meadows? A. Thomas Gilmore.

Q. 23. Did Thomas Gilmore own the entire 280 acres. A. He did.

Q. 24. State if you know how much land was allotted to L. W. Gilliam and wife and how much was allotted to J. G. Durham and wife? A. 75 acres to each of them.

Q. 25. And how much was allotted to Polly Meadow the widow? A. According to our division it was 144 acres.

Q. 26. Do you know anything of 135 acre tract of land that was sold to one Perry that belonged to the Meadow estate? A. I know where it is, but I never did know anything about the number of acres, it is right on top of the ridge beyond the horse shoe bend, old man Jesse Perry bought it from J. G. Durham if I am not mistaken.

Q. 27. Do you know the respective ages of Charles Durham, Jesse Durham, Myrtle Durham, Saphrona Powers and Mollie Martin, if so state as near as you can their ages? A. I do not know their ages, I can't state their ages.

Q. 28. State if you know when Mrs. Malvina Durham died, and if she did not die about 1880? A. I cannot, but it was not far from that though. Signed: B. N. Fleming

Jesse Durham being next duly sworn deposed as follows:

Q. 1. State your age? A. 35

Q. 2. State if you are not a son of J. G. Durham and Malvina F. Durham? A. I am.

Q. 3. Are you not a grandson of Jesse Meadow? A. I am.

Q. 4. State if the Complts. Charles Durham, Jesse Durham, Myrtle Durham and Saphrona Powers and Mollie Martin are not all children of J. G. Durham and Malvina F. Durham and grandchildren of Jesse Meadow? A. They are.

Q. 5. State if Charles Durham is not a citizen of Texas and how long has he lived there? A. He is, and has been there three years last October.

Q. 6. What is his age? A. He is about 38.

Q. 7. What is the age of Myrtle Durham? A. She is 19.

Q. 8. State the age of Saphrona Powers and Mollie Martin? A. One is about 21 Mattie Martin and Saprhona is about 23.

Q. 9. What time did your mother and father die? A. My mother died in 1880 if I am not mistaken, and my father in 1894.

Q. 10. What time did L. W. Gilliam and wife Martha die? A. I don't know sir I was living in Nashville then and don't remember, it was within the last few years.

Q. 11. Do you know what time your Grandfather Meadow died? A. No sir, it was before I was born.

Q. 12. Please describe the Home tract of land of Jesse Meadow? A. It lays in the forks of Bledsoe Creek and the rock house creek and bounded on the South by J. W. Whiteside and West by Charlie Meadows, North by Wilkerson and Claiborn, East by Jackson, Jackson owns part of the original Jesse Meadows place. The old Mason tract of land owned now by Rutledge lies East of the Jackson place.

Q. 13. State if the C. & N.R.R. does not run through this place? A. It does.

Q. 14. Please state as near as you can the boundaries of the 144 acres laid off to Mrs. Meadow, and the boundaries of the 72 acres laid off to your mother and the boundaries of the 72 acres laid off to Mrs. Gilliam? A. I don't know a thing in the world about the line, the boundaries.

Cross-Examination:

Q. 15. What is the name of your youngest sister, and how old is she? A. Myrtle, and she is 19.

Q. 16. How old was your mother when she died and when did she die? A. I disremember her age, she died in 1880 I think.

Q. 17. Did your father at the time of his death live on the tract of land allotted to him and his mother from the Meadows estate? A. No sir he did not.

Q. 18. Who had possession of this tract of land then, and how did they become in possession of the same? A. One tract of it was owned by Jackson, the other by Haw and Gilliam, Jackson bought it from my father, the others got it through the County Court.

Q. 19. Do you know how much land is in each of these tracts? A. 72 acres, in the two and 144 in the other.

Q. 20. Have you lived in Tennessee all your life and if not long have you lived in the state? A. All of my life except 18 months when I was in Kansas.

Q. 21. Have you ever lived on this land in controversary and paid rent or the same? A. I lived on it but I never paid any rent.

Q. 22. Have Charles Durham, Mrs. Powers and Mrs. Martin and Myrtle Durham all authorized you to make them party Complainants to this suit. A. They have.

Re-Examination:

Q. 23. When did you or any of your brothers and sisters live on said land and how long did you live on it? A. I lived there 10 months with Mr. Jackson and made crops in 1895, none of my brothers and sisters lived on it. Signed: Jesse Durham

 


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