Tinsley v. Thomas H. Butler
Rec fro Lands of Commission
July 23, 1846
McPherson (?) C &
G ill (?) McWhiston C Clerk
Evidence of Erasmus Denton in the case of
Tinsely vs Thomas H. Butler Exv & others in the
Chancery Court at Gainsboro
Age 41 years
States that William Huskies is insolvent
as he believes and
further he saith not
State of Tennessee ) This 29 day of April 1846
Jackson in County ) I have on this day proceeded
to take the depositions of Robert White, Merlin
Young, Holland Denton, Franklin W. Butler, Thos L
Branford, Pl Gac & William Kendall
witnesses for defendant in obedience to a
commmishion to and in the presence
of James Tinsley complainant and Thomas H. Butler
defendant to be received as evidence in a suit
now pending in the Chancery Court to be held in
the town of Gainsboro on the first wednesday
after the 4th monday in July where in James
Tinsley is complainant and Thomas H.
Butler and others are defendants that said
Robert ? ? Young, Holland Denton
Franklin W. Butler, Thomas L. Bransford,
Elijah Gadis & William Kendall after being
sworn on the Holy evngelists to speak
the truth, the whole truth and nothing
but the truth concerning the matters in
dispute between the the parties depose as follows
William Kendall witness for defendant age about 51 years depose
Question 1st by defendant state whether you were acquianted with
the property set apart in the will of Baily Butler and to pay
the his liabilities for his son Franklin W. Butler, if so say
if know what disposition Thomas H. Butler his exec-
tor make of said property?
Answer I have heard the will read and the property
spoken of wa sold by Thomas H. Butler
the executor at public sale
Question 2 by same) State if you know who much
they 2 ? sold for George & Jack and sho
bought them and ? the stud horse
Answer) Thomas Butler bought George and
William Hawkins bought Jack
I cant say the amount of money they sold for
but as well as I recollect it was near a thousand dollars
I dont recollect what the ? ? horse sold for.
Question 3rd by same) Say whether the property was sold in
credit or for cash and what the property sold for
if you recollect?
Answer) The property was sold on credit
the amount of sale not recollected.
? examined by complainant
Question 1) Do you know that all
the property & the other eight horses the
beef cattle pork hogs and corn set apart
in the old man Butlers will to ?
Franklin W. Butler
liabilities was sold by the executor
Answer) The property was sold
2 Question) Do you know whether
Thos. H. Butler the executor of the
last will of the old man Butler has
collected and applied the money for
which all this property sold to his
liabilities for Franklin W. Butler
also state whether there was not
property enough set apart for that
purpose in the old mans will to have
paid all this his liabilities for
which the old man and Tinsley was
Answer) I dont know whether he has applied the money or not
I dont know how much the property sold for
I wouldnt pretend to say.
Question by defendant) Say whether the property was
publicly creid and sold to the highest
bidder? It was.
And further this deponent sayth not. /s/
Elijah Gaddis witness for deft age about 45 years
depose as follows
Question 1st by deft say whether you have heard the will
of Baily Butler deceased, say also whether you know
the property set apart in said will to pay the liabilities
of testator for his son Franklin W. Butler and say
also if you know what disposition was made of said
property by Thomas H. Butler the executor of said
Answer) I have heard the will and was acquanted
with the property set apart in the will
The property set apart in the will was sold on a six
month credit at public sale.
Question 2nd by same say, whether the time of sale was
advertised previously to the sale, and whether the time of the sale
was generally known & the sale well attended?
Answer) The sale was advertised I couldnt read
but I heard the advertisment read
there was a great many people attended the
sale more than I ever saw at a sale of dead mans
Question 3rd By same Say whether the sale was
publickly cried & the property sold to the
Answer) It was cried by F.J. Butler and sold to
the hiest bider publickly.
Question 4th By same, If you recollect, say
what the property sold for?
Answer) I cant say except they ? B?
George felched six hundred
and twenty five dollars and jackson four hundred
and twenty seven dollars.
? examination by your plainant
Question 1st Do you know that all
the property set apart in the old man
Butlers will for Franklin W. Butler
liabilities was sold by his executor
Thos. H. Butler
Answer) It was as far as I know.
Question by same, state whether the
property so set apart by the sold
man Butler in his will for Franklin
W. liabilities was worth 1800 dollars
if not state what it was worth as
near as you can.
Answer) I dont know what it fetch nether do I know
what it was worth. Times was very hard at
By the same, State whether Thos. H. Butler
the executor of the old mans will has
applied the proceeds of this property
to the extinguishment of Franklin
W.'s liabilities or not.
Answer) I dont know
and futher this deponent sayith not
Robert White witness for deft age about 64 deposes
Question by deft, Say if Thomas H. Butler as executor of Baily Butler dec
borrowed county claims of you to pay the liability of
Franklin W. Butler as Sheff & collector of the public taxes of this county of
Jackson & what amount and if he
had paid you the money since & what amount?
Answer) I let him have eighteen hundred
and eleven dollars thirty seven 1/4 cents
Bailey Butler spoke to me for claims
previous to his death Bailey Butler executed
his not to me previous to his death for three
hundred dollars but never got the claims and
Thomas H. Butler got the claims after the old
Thomas H. Butler has paid me for the county claims he got of
me the following payments, on the 5 day of July 1843 he paid me
sixty two dollars and twenty cents, & at the same time he
paid me one hundred and five dollars. On the 1 January
1844 he paid me fifty dollars, on 19 March 1844 he paid
me seventeen dollars and eighteen & three fourth cents,
On 25 January 1845 he paid me twenty five dollars, On
6 January 1846 he paid me six hundred dollars
making the sum of $859, 38 3/4. On the 4th August
1843 Thomas H. Butler caused to be made a note for me in bank
for $200 with which he lefted a note I had then in Bank for $222,
& he paid the call on my note of twenty two dollars & a surplus
On the 14th Sept 1843 he made a note in bank for me for
$540 with which he lifted a note I then had in Bank for
$600 and said Butler paid me the call on said note
sixty dollars said Butler alos paid the interest
on said notes made by him being twenty two dollars
and twenty cents. The calls and interest paid by said
Butler on said notes amount to one hundred and four
dollars and twenty cents making the whole amount
paid by said Butler to me for said county claims
nine hundred sixty three and fifty eight and
three fourth cents. I am last endorser on
both of said notes in Bank by said Butler.
Question by same, Say whether M. Young and Holland
Denton paid you money for me in
addition to what I paid you myself & how much
Answer) Merlin Young paid me one
hundred dollars upon the
county claims. Holland Denton paid me
some money for the same claims but the
amount not be colected my in prepious is
that it is about one hundred and fifty dollars.
cross examination by complts
Question first, state the amount of
money climas Tinsley has paid you
on these claims.
Answer) He paid in debt
and cost some two hundred and sixty six dollars
Q by same, I wish you to state if whether
Butler when he got the county claims
from you paid or gave his note for
the full value for the claims or
whether he got them at a discount
and if so at what rate they were discounted.
Answer) He gave me the full value
Q by same, say if when Baily Butler
called on you for claims to pay the
liabilities of Franklin W. Butler, he
did not say that though Tinsley was
bound with him and others for Franklin,
Tinsley should never pay any thing of
for which he was bound for Franklin.
Answer) I dont recollect.
I heard Butler say that as soon as he could
sale some property that he would pay me the
4th same, Have you at any time
since Thomas H. Butler has enterred
on the execution of the old mans
will heard him say that there was
property enough left by the old
man to pay Franklin's liabilites
and that Tinsley never should pay
any thing or suffer for Franklin
Answer) I never did.
Question by deft, say if you know what the negroes
George & Jack sold for?
Answer) it apears to me that George sold
for six hundred and twenty five dollars
and Jack sold for four hundred and twenty
seven dollars. I went thre to buy and they
went so high that I didnt buy any
And further this deponent saith not
Holland Denton witness for defendant aged 87 years
Question 1st by deft, say if as Sheriff of Jackson County
an execution from the circuit court of said county of
Robert White ? against Thomas H. Butler, Janus
Tinsley & John Scantland came to your know and how much money if any
Thomas H. Butler paid you on said execution?
Answer) I had an execution in my hand against
them & in favor of Robert White and received of Thomas on the 17th April
1845 ninety dollars & on the 15 day of May 1845
he paid me fifty dollars and sometime afterwards
he paid eleven dollars (an order from Wm Toney to Robert
White) all of which I paid over to Robert White.
Crs examination by complt
Question 1, state what amount of money
Tensley paid to you on executions
you held against him and others as
Franklin W. Butler securities for the
colection and faithful disbursement
of the county summons for Jackson
County for the years 41
Ans) James Tinsley paid me two hundred and
sixty six dollars on four executions I had in
my hand in favor of Robert White against
Thos. H. Butler, James Tinsley & others. Two of the
executions were for costs and the other two were for
debt and costs. On hundred and twenty eight
dollars of which was paid on the 16th October 1845 and one
hundred and thirty eight dollars was paid on the 4th
By same, state whether you have at
any time heard Thomas H. Butler
executor of the old man Butler say that
Tinsley should never pay for Franklin
W. Butler any more thanhe has already
paid and also if you have not
enough set apart in the old mans
will to satisfy the liabilities of
Question objected to by defts
Answer) I heard Thos H. Butler say at one time
that Tinsley & Hawkins must stand up to their
part of the above named liabilities that the property
set apart by said will lackes of
satisfying and I heard him since that time say
if Tinsley had of paid off his part without
making any ? about it that he would have
let him off at it but that as Hawkins had
failed and would not be able to stand up to
his past that Tinsley must pay one half
of Hawkins part. I never heard him at any
time say that these was property enough that I have
any recollection of but have heard him say to
And further this deponent says not. H Denton.
Franklin W. Butler witness for deft age about 28 years deposes
Question 1st by Deft, Say if you know whether Thomas H. Butler has
paid any ofthe State and County ? for which his testator &
complainant and others were liable as your securities as collection &
and when and to whom and how much?
Answer) Thos. H. Butler sent by me a county claim to John
Scanland Sheriff and collector of Jackson County
for one hundred dollars that was due and
received as cash upon the then judgement for the
review that was recovered ? F. W. Butler as Sheriff and collector
and complainant and others
? then November term in the year 1843. Thos. H
Butler sent on hundred dollars in money by me to
said Scanland. This was since I paid
him the county claims and I paid to said Scanland
on the same judgement.
Question 2nd by same, If you know of any other money being paid
which you were liable for as Sheriff and Collector
say so how much? Since the expiration of your office
say so, how much?
Answer) Hugs F. Royland reconved a judgment
ajaustment my decendes as Sheriff upon L.M.
Anderson Esq. on 20th June 1843 from twenty
dollars & twelve & one half cents which judgment
I paid out of T.H. Butlers monies.
compth objects to the above question
Question 3rd by same, say whether the complt was one of
your securities against which the lost mentioned
judement was ? ?
Answer) he was
Crots examination by complainant
W. Butler state the amount of your
defalcation in the county revenue as near
as you can while you was Sheriff of Jackson
County and for which Tinsley and you r other
? was bound
Answer) I cannot state the revenue amount
2 same, state whether you have paid any
of your liabilities on the county revenue
line our defalcation out of your own means and if you
have state the amount
Answer) I have not that I
by the same, if you know state whether
Thomas H. Butler paid Robert White interest
on the claims he got of him and what
amount also whither he processed that
hundred dollars ? sent by you to
Scanland at a discount and if so state
the rate of discount also state
whether he paid interest for ? claim
if he gave full value for it and the
Answer) ? ? know whether Thos H. Butler
paid White interest or not, he informed me
that he ? the County claims as cash
4th by the same, State the name of the negro
boy set apart in the old mans will for
your liabilities and purchased by ?
Hawkins. State whether Hawkins ever
paid Thomas H. Butler for ? negro
Answer) the boy's name was Jack. Hawkins
was not able to pay for the boy as I understand H
Butler to ? paid in the amt the boy sold for
by same ? not Thomas H. Butler
sell him privately if so state the
sum for which he sold ? negro to
whom he sold him and whether he
has collected the money for which
he sold ? negro if recollected whether
the debt is good. Tell all you know
Answer, Polly Butler ?? of T H Butler
sold said boy as I undertand four hundred
& thirty seven dollars. I supose the money
has been paid for him.
6th by the same, State the time as near
as you can that T H Butler gave
you the tax list for 1841 how much
was then due on ? list and how
much you collected of ? and who
now has charge of them.
Answer, I have ? tax list for ?
?. Since Dec 14, 1942 some times T H Butler
had ??? I canst bill what
? was due and then nor what amt
was ? when I left the county ? collected
only five dollars.
7th by same, Did you ever hear T H Butler
say at any time since he enterred
the execution of the old man's will that
there was property enough set a part
by the old man to pay your liabilities
and that Tinsley should never pay
any thing for you or suffer on
account of his liabilities for you.
Answer) I think I heard T H Butler say before
before the sale of the negroes that the
property set apart would pay the liabil
ities. I think that I have heard him say he did
not want Tinsley to suffer on my account
? least has always under my control
since Dec ? 1842 /s/ TH Butler
Merlin Young Jr. for the Deft age 37th years deposes
Question by Deft.
Question by Deft. say whether I did or not account to you for
the state & county taxes which I collected or received from any of your
Answer You did.
Question by Complt.
I wish you to state who wrote the
old man Butlers will and what the
old man said about paying your
Answer) Wm Hawkins I suppose wrote the will
? he said to me that when the property set apart
? said will was no ? ? Father ? ?
? ? ? ? liabilites
I was not present when the will was
sale. This deponent sayeth no more
F W Butler
Merlin Young witness for Deft aged 37 years deposes
Question 1st by Deft. Say if Thomas H. Butler paid you any
money on a judgment ? in the Circuit Court for Jackson
county and who much and in whose name was the judgment
and whether if was for the state or county taxes for which
Franklin Butler & his securities were liable and when the
payment was made & whether you are clerk of
Answer - I am clerk of the circuit court of Jackson
county. Thos H Butler paid me five hundred
and forty dollars fifty cents on a judgment that
James C Young ? ? for the ? of the stale
? judgment? FW Butler William Hawkins
& James Tinsley for the state law for the given
1841 - Three hundred and eighty five dollars & fifty
cents was paid ? July 1843 and one hundred
& fifty five dollars a few days afterwards ?
not recollected - said judgment was under?
on the 24th March 1843.
Question 2nd By same, If Thomas H Butler paid you any more
for Franklin W. Butler's liabilities as collection of the state & county
taxes for said county of Jackson tell all about it?
Answer Thomas M Butler paid me as clerk one
hundred dollars on a judgment that Bobt White
obtained against said Butler as Esceutor of Baily
Butler Dec & John Scanland & James Tinsley
which was an account of the county taxes for the
year 1841. Said payment was made
some time in the month of year
1844 - and futher this deponent saith
not Merlin Young
Thomas L. Bransford witness for Deft 41 years deposes
Question 1st by Deft. Say whether Baily Butler in his liftime
got any county claims for ???
years for what purpose?
Answer In the ??of 1842 Col Baily Butler
asslyce to me to borrow some county claims
he mention such as ? have been paid out of
the County ? further preceding? year ?
1841 I understand ? ? that for ? ?
to settle with the County Trustee further
James collected by FW Butler for 1841
? (The ? of ? ? ?
him Forty ? c75 cents in claims
that were at that time and for preceding years
receivable for county taxes and ? his
note further amount payable one day after
date - This note was ? and unpaid at the
time of Col Butlers death. I understand ?
my part? ? settle that it has been paid or settle
by Thos H. Butler the executor
and further this deponent saith not
Thos L Mansford
A part of Robert White's deposition & an interlineation of FW Butler Depo was written by F T Qualo?
T H Butler
B B Washburn atty for complt
I certify that the ? young deposition is all in
my own handwriting and that all the witnesses
? what was agreed by the parties to be written
by James T Tarles? that I am nowise related to
either of the parties that the said was taken
before me one this day at Halls and Washburns
office which was agreed upon by the parties
in state of this count house the place
was set ? ? and in the pres
ence of Thomas H Butler defendant &
James Ti?s ? complainant set forth in
the complt and it has not been out of my
possession or ? any was attend six ?
was ? by the said William Kendale
Elizia Gudes Robert White Holland Denton
F W Butler Merlin Young & T L Brunsford.
This 30 day April 1846
L U Anderson?
Bill of cost
L U Anderson taking 7 depositins $7.00
Holland Denton 1 day .50
Robert White 1 day .50
William Kendal 1 day .50
Eliza Gades 1 day .50
M Young 2 days 1.00
T L Brumsford 1 day .50
F W Butler 2 days 3/- 1.00