Moses and Margaret Cunningham's

Estate Settlement

Monroe County, TN Chancery Court Records, 1832 - 1887

#217 - David Cunningham, Adm. of Moses Cunningham vs. Alfred Cunningham. Filed 22 May 1867. Suit concerns notes and land and is dismissed. Moses Cunningham died about 1857 in Blount Co. at home of son Alfred. David of Monroe Co. is a son, also John dec'd of Missouri was a son. Alfred and Moses arranged to let son Claiborne who had a large family have note to assist him in moving West where land was cheap.

#239 - Stephen P. Hale vs. David and Mahala C. Cunningham. Filed 19 Sep 1867. Hale accuses Cunningham of fraud in deeding him land to daughter Mahala who lives with him. Hale sued David in Circuit Court for maliciously destroying his property in Oct 1863. Decree for Hale is appealed to Tennessee Supreme Court.

#589 - David Cunningham vs. Stephen P. Hale and Henry Sharp. Filed 22 Feb 1876. Sharp of McMinn Co. Hale petitioned the County Court to appoint a Jury of View to change the direction of a road leading from Dennis S. Smith's residence to David Cunningham's residence and to close the old road. Cunningham claims that Hale and Sharp are cutting his valuable timber, digging up his land, and for various reasons act of County Court was illegal. All denied by Hale. Decree for Hale.

#779 - David Cunningham vs. J. B. Cunningham filed 19 Apr 1880. J. B. Cunningham, a nonresident, was indicted in Monroe Co. for obtaining money under false pretense; case was dismissed upon J. B. securing the costs; he gave David Cunningham as security and David has had to pay. J. B. Cunningham owns a fourth interest in land.

#484 - David Cunningham appointed administrator of Margaret Cunningham deceased. (June 1862 records)

pp. 25 & 26 - David & Claiborne Cunningham vs. Alfred Cunningham, et. al. Moses Cunningham to Alfred Cunningham. Alfred took advantage of his father's extreme age and imbecility by fraud and undue influence. Alfred Cunningham supposed to have paid his father $700. Need proof. What advancements in money or property, if any, ever made by Moses Cunningham to any of his children? Court needs to determine these facts.

pp. 104 &105 - David Cunningham vs. Alfred Cunningham. At hand a transcript of decree of Supreme Court of TN at Knoxville and the proceedings hereafter which decree as follows: "David [,?] Claiborn Cunningham vs. Alfred & Margaret Cunningham." Complainants filed to establish mental capacity of Moses Cunningham at the time of the execution of the conveyance. To Alfred the relief is denied as far as cancellation of the deed and consideration of $1,200 along with support of the old man and his wife. So far as regards the sum of $400 alleges to have been paid by the transfer of the note which the defendant held on John Cunningham of Missouri. The Court is of the opinion that the answer is vague and unsatisfactory and the complainants are not included absolutely by the recital in the deed nor the declarations of the old man. Ordered to the Master to inquire and report whether:
(1) Defendant at time of execution of conveyance held a bona fide, valid, and unsatisfied note on John Cunningham of Missouri?
(2) If so, amount and whether the same were transferred to and agreed to be rescinded by the old man in part satisfaction of purchase money for land. If no such notes in existence, or not accepted by the old man, then Court is of opinion and decree the defendant should account for purchase money with interest. Other considerations - a mare and colt and a field of corn $300. A distribution of assets of estate cannot be paid during lifetime of old man. The case is remanded for taking an account of estate. Costs to be adjudged to complainant and his securities in the appeal bond. J. Bonnells and by defendant, Alfred Cunningham and Elijah Hatcher.

p. 119 - David Cunningham, administrator & O., vs. Alfred Cunningham. Be it remembered this 8 May 1861 before the Chancellor upon all proceedings heretofore had in this case, this cause came up for hearing and upon transcript from Supreme Court of TN at Knoxville and upon report of C & M Court being of opinion that the exceptions are well taken and are therefore sustained, but the report is confirmed so far as not excepted to and it appearing from said report that the mare was worth - on the day demand was made by the Administrator the sum of $55 and at the same time the horse was worth $125 and that the day of demand was 3 Apr 1868 and that the interest on the two above sums of money to this date is $33.42. And it further appearing from transcript of Supreme Court that there was $400 of the purchase money which the Respondent Alfred Cunningham pretended in his answer to the bill was paid in notes upon John Cunningham of Missouri from the Surpeme Court transcript, it appears that under the peculiar circumstances of this case that the admissions of the old man, Moses Cunningham, and the recitals in the deed are excluded as evidence and the Court is further of opinion that the answer of Respondent Alfred in relation to said note is vague and unsatisfactory and he has failed to etablish proof of fact that there were notes of the amount specified or that they were received fairly by the old man in payment for the land, or any part thereof and it appears further that the land was conveyed and the deed date 30 Sep 1854 and from that date until the present the said sum of $400 at rate of 6 percent interest -- the sum of $158. The Court therefore O. & D. that Complainant David, Administration, to recover of Respondent Alfred the said several sums of money amounting to $771.95 together with all costs which have not heretofore been adjudged for which execution is awarded and Respondent Alfred therefore comes and prays an appeal to next term Supreme Court at Knoxville, second Monday, Sep 1861 and same is granted. He has two months to file an appeal bond.

p. 127 - Margaret Cunningham vs. Alfred Cunningham. In this case the death of complainant Margaret Cunningham is suggested and admitted and this cause to be named in the name of her administrator.

p. 130 - Margaret Cunningham vs. Alfred Cunningham. The death of complainant suggested and admitted. Same is revived in name of David Cunningham, her administrator.

p. 187 - David & Claiborne Cunningham vs. Alfred Cunningham. Death of C. Cunningham suggested. Cause continued.