Summary by Cass Butler

Transcription of original court file follows:

State of Tennessee
Pleas at a circuit court began and held for
the county of Jackson in Said State in the court house in the
town of Gainsboro on the first Monday being the third day
of July in the year of our Lord one thousand eight hundred
and forty eight and Seventy Second year of American Independ
ance.
Present the Honorable Andrew J. Marchbanks Judge of the
13th Judicial Circuit in the State of Tennessee Presiding on enter
change with the Honorable William B. Campbell one of the Judges
of the Circuit Court of the State of Tennessee and assignee
to hold the Circuit Courts in the 4th Judicial circuit in Said State

Mary Davis's Lessee
vs Ejectment
Fanny Butler

In the name of the State of Tennessee
To the Sheriff of Jackson County, Greeting
Summons, Fanny Butler and Nathaniel Head to appear before
the Judge of the circuit court of Jackson County at the court house
in Gainsboro on the 1st Monday in march next to answer Mary Davis's
lessee of a plea wherefore with force and arms they broke and
entered the close of this plaintiff and ejected him to his damage
five hundred dollars. And have you there and these this writ.
Witness B B Washburn clerk of law court at office first Monday
in November 1846.
B B Washburn Clk

Endorsed for 20th Feb 1847 - Executed on Fanny Butler
on this 23 Feb 1847 and delivered her a copy of the declaration
in the within case. Nathaniel Head not found in my county - H De??

Prosecution Bond In the Suit of Mary Davis against Fanny
Butler & Nathaniel Head this day commenced in the circuit court
of Jackson County in a plea of Ejectment I acknowledge
indebted to Said defendant in the sum of five hundred dollars to the payment where of I have myself
formerly by the presents to be ? nevertheless upon
conclusion that Said defendant Plaintiff Shall prosecute
Said Suit with effect as in case of failure of Such
prosecution Shall pay to Said defendants all Such costs and
damages as may be awarded against her by the court
having cognisance of Said cause - witnessed my hand
and Seal this 20th Feb 1847. John Fowler seal
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Page 3

Declaration

State of Tennessee March Term of the Circuit Court
Jackson County 1847

John Derr by attorney complains of Richard Fern
of a plea of Trespass wherefore with force and arms he
broke and entered the close of plaintiff and ejected him to his
damages. For that whereas on the 1 day of January 1847
Mary Davis demised leased and to farm let to Said plaintiff
contain usage on seven tracks of land lying in the county of
Jackson State of Tennessee on the waters of Proctors Creek
adjoining the land of John Minor and Savages on the South
and West side of Said creek. The first track where James Butler
lived at the time of the levy of Said executors of the 29 december
1837 containing eight acres Second track containing twelve
acres, third track containing ten acres - Fourth tract contain-
ing eight acres - fifth tract containing three 2? acres -
Sixth track containing twenty five acres - Seventh tract
containing twenty five acres held by deed of conveyance
from Henry ?Caster & Samuel Peak to James Butler and Bailey
Butler in all containing ninety one and one half acres
with the appurtenances there unto belonging. To have
and to hold to Said John Derr and his assignees from
the Said 1st day of January in the year 1847 aforesaid
for and during the full end and term of ten years from
thence next ensuing and fully to be complete and ended
By virtue of which Said demise the Said John Derr
entered into the Said tenements above mentioned with
the appurtenances and was possessed thereof for the Said
term Sold him thereof granted as aforesaid and the
Said John Derr having So thereof possessed the Said
Richard Fern afterwards, to wit, on the 2~ day of
January in the year aforesaid with force and arms
he entered into the Said tenements with the appurtenan-
ces aforementioned in which the Said John Derr was
So interested in manner and for the term aforesaid
which is not yet expired and ejected the Said John
Derr from his Said farm and other wrongs to the Said
John Derr then and there did to the great damage of
the Said John Derr and against the peace and dignity of
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page 4

the State to the damage of the plaintiff five hundred
dollars and therefore he Sues
? Attorney for plaintiff

M~ Fanny Butler W~ Nathaniel Head
I am informed that you are in possession
of or claim title to the premises in this Declaration of
Ejectment mentioned or to Some part thereof and ~ being
sued in this action as casual ejector only and having
no claim or title to the Same do advise you to appear
at the next term of the Circuit Court to be held for
Jackson County at the court house in Gainsboro on the first

Monday of March next and then and there by some attorney
of Said Court by rule of Said Court cause yourselves to
be made Defendants in my stead otherwise I shall
suffer judgment therein to be entered against me by
default and you will be turned out of possession
your loving friend
this 20th February 1847 Richard Hern

March Term 1847 Came the plaintiff and enters a nolle~
Prosequi~ as to defendant Head. Then came Fanny Butler
and having taken the pauper oath she is permitted to defend
without giving security for costs. She thereupon confess
lease entry & ouster as in the declaration alleged & agrees
to rely on the title only & says She is not guilty of the
trespass & ejectment alleged in the declaration & ?
herself on the county & the plaintiff doth liken as
where upon She is admitted defendant in lieu of the
casual ejection.

July Term 1847 Came the parties by their attorneys
and by consent the cause is continued until the next
term of this Court.

November Term 1847 Came the parties by their
attorneys and by consent this cause is continued
until the next term.

March Term 1848 Came the parties by their attorneys
by consent this cause is continued till the next term.
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page 5

July 4th 1848 being July Term Came the parties by
their attorneys and thereupon came a jury of good and
lawful men, to wit, Henry L McDaniel, James A ?
Henry W Sadler, William Plumlee Nelson McDonald, Henry
Richmond, William H Bailey, John ? Judd, Chris Upton
Eakle, William Loftes, Ephraim Ehad, & James Draper
who being elected tried and sworn the truth to speak
upon the ? joined and after having heard all the
evidence in this cause and part of the agreement of counsel
thereon - By consent of the parties by their attorneys and
with the assent of the Court the jurors as permitted to
dispense until to morrow morning at 8 oclock under
charge of the Honorable Court

July 5th 1848 Came again the parties by their attorneys
and thereupon also came the Jury sworn in this
cause on yesterday and after having heard the concluding
argument of counsel in this cause and received their charge
from the Honorable Court Returned to consider of their verdict
and again returned unto court and upon their oath do
say that they find assigned in favor of the plaintiff that
the defendant is guilty of the question and ejectment in the
plaintiff's declaration mentioned as a plaintiff in declaring
as alleged and that they do assess the plaintiff's damage
by reason thereof to the sum of one dollar besides cost.

It is therefore considered by the court that the plaintiff
recover of the defendant for term yet to come and unexpired
of the deed to the usage, lands and tenements in the
declaration mentioned together with one dollar the damages
aforesaid in manner and form aforesaid by the jury assessed
together with her costs about her suit in this
behalf expended for which execution may ?
and on motion of the plaintiff by her attorney this
states most gracious ? of ? ? ?
is awarded the plaintiff to cause her to have her possession
of in and to the usage lands and tenements in the
declaration mentioned directed to the sheriff of Jackson
County. Returnable here at the next term of this court

Page 6

Came again the defendant by her attorney and moved
the court for a new trial in this cause which motion
for a new trial is by the court overruled and a new trial
disallowed Said defendant in this cause to which ?opinion
of the Court overruling that the motion for a new trial the
defendant by her attorney excepts and prayed for and
obtained an appeal in the nature of a writ of ?
to run over [remove?] this cause in to the next Honorable Supreme
Court to be held for the middle division of the State of
Tennessee in the court house in the city of Nashville
the first Monday of Dec ember next. And the defendant
having taken and subscribed the oath prescribed by law
is permitted to prosecute her Said appeal in the nature
of a Writ of error granted her in this without giving
security for the Same.

July 12th 1848 Came again the parties by their attorneys
and the Defendant Tenders here in Court her Bill of
Exceptions to the opinion of the Court in over ruling
her motions for new trial and in of the judgment
in this cause which bill of exception is signed and
sealed by the court and ordered by the court to be filed
and made part of the record in this cause

Bill of Exception Mary Davis's Lessee
vs. Ejectment
Fanny Butler

Be it remembered that the above
cause came on to be tried before the court and jury at July term
1848 - when the plaintiff read the following four records
of condemnation of the land in dispute, of this court, to wit,
Lucy Ursry vs. James Butler Sr., Bailey Butler & William Butler

In this cause the following papers were duly returned and filed
in Court to wit,

State of Tennessee
Jackson County To any lawful officer of said county
you are hereby commanded to summons
James Butler Sen. and Bailey Butler jun to appear before me
or some other acting Justice in and for Said County to answer the
Complaint of Lucy Ursry in a plea of debt due by ? and under
one hundred dollars - ?[herein?] fail not given under my hand
page 7
and seal 1 December 1836 Denton Plumlee Justice of the Peace
Execution set for trail before Esq. Plumlee on the 8 of
December, 1836 ? ? ? Const. Cost ?

One day after date me or either of us will pay Lucy
Ursry fifty dollars for value received of her as witness our
hands and seals this 1 day of August 1835 - James Butler [Seal]
Bailey Butler [Seal]
State of Tennessee Jackson County - judgment for the
plaintiff for the sum of fifty dollars debt and interest with
the cost of the suit. Given under my hand and Seal
this 8 of December 1836 Denton Plumlee Justice of the Peace

The defendants pray the stay execution and offer Wm. Butler
as Security who is received Stay Granted this 8th of
December 1836. William Butler [Seal]

State of Tennessee Jackson County To any lawful officer in and
for Said County Greeting

You are hereby commanded that of the goods
and chattels lands and tenements of James Butler
Bailey Butler principal and William Butler Security to
Stay the execution for Said James Butler and Bailey Butler
if to be found in your County you cause to be made
the sum of fifty dollars debt, interest from the first
of August 1835 and the cost of Suit and all lawful
cost that may arise by virtue of this execution
to Satisfy a judgment that Lucy Ursry recovered
against Said James Butler and Bailey Butler before me
on the 8 day of December 1836 Such monies when
? made pay over as the law directs. Given
under my hand and Seal this 14th day of December, 1837
Denton Plumlee Justice of the Peace for
Jackson County
Debt $50 interest form 1 August 1835
Court Cost for Serving warrant $1 for levy ? cents Justices
fee for Judgment and two executions 50 cents
Came to had this 14th day of December 1837 no goods or
Chattels found in my County of the defendants James Butler
Bailey Butler principal or William Butler Security to Stay
the execution and by the consent of the parties Levied
upon Seven tracts of land belonging to the defendants
Page 8
James Butler and Bailey Butler Situated in Said County
of Jackson on the waters of Proctors Creek jointing lands
with John Minor and Savages on the South and west Side
of Said Creek one tract on which the Defendant James butler
now lives by estimation first tract containing 8 acres 2nd
tract containing 12 acres, 3rd tract containing 10 acres
4th tract containing 8 acres, 5th tract 3 1/2 acres 6th tract
containing 24 acres, 7th tract containing 25 acres held
by Deed of Conveyance from henry Caster [Carer?] and Sammuel P??
to James Butler & Bailey Butler the defendants, in all cont-
aining 91 1/2 acres this 29th day of December, 1837.
? West const-
All of which having been & Heard by the Court - It is
ordered by the Court that said tracts of land so levied upon
be and the Same are hereby condemned, and ordered to
be Sold to Satisfy Said plaintiffs debt and the costs and the costs of this motion and that a ? ? ?

Lucy Ussay v. James Butler, Bailey Butler & William Butler

In this case the following
papers were duly returned
and filed in court to wit,

Warrant - State of Tennessee
Jackson County To any lawful officer for Said County
You are hereby commanded to
Summons James Butler and Bailey Butler to appear before me
or some Justice of the Peace for said county to answer the
complaint of Lucy Ussay in a plea of Debt due by ?
under one hundred dollars. Given under my hand
and Seal this 1 of December 1836 - Denton Plumlee [J.P.]
Justice of the Peace
Execution set for trial before Squire Plumlee on the 8th of December, 1836 Irvin ? West Const.
One day after date ? ? of us will pay Lucy
Ussay fifty dollars for value received of her as witness our ?
hands and Seals this 1 day of August 1835. James Butler [Seal]
Bailey Butler [Seal]
Attest

State of Tennessee Judgment for the plaintiff for the Sum
Jackson County of fifty dollars Debt and interest with the
cost of this Suit given under my hand and Seal this 8th
day of December 1836. Denton Plumlee [J.P.]
Justice of the Peace
Page 9
The defendant prays the Stay of execution and offers
William Butler as Security who is [received] ? and Stay granted
this 8 day of December 1836. William Butler [Seal]

State of Tennessee To any lawful officer in and for Said
Jackson County County Greeting to Execute and Return
You are hereby commanded that of the goods and chattels
lands and tenements of James Butler and Bailey Butler princi-
pal and William Butler Security to Stay the execution for the
Said James Butler and Bailey Butler if to be found in
your county you cause to be made the Sum of fifty
dollars debt and Interest from the first of August 1835 and
the cost of the Suit and all lawful cost that may rise by
virtue of this execution to Satisfy a Judgment that Lucy
Ussay recovered against the Said James Butler & Bailey
Butler before me on 8th day of December 1836 and Such
monies when ? pay over as the law directs - Given under
my hand and Seal this 14th day of December 1837.
Denton Plumlee [J.P.] for Jackson County
Debt $50 Interest from the first of August 1835 court cost
for serving warrant $1.00 for levy .50 cents Justices fees for
Judgment & 2 executions 50 cents -
Came to hand this 14th day of December 1837 no goods
or chattels found in my county of the defendants James
Butler & Bailey Butler principal and William Butler Security
to Stay the execution and by consent of the parties Levied
upon Seven tracts of land belonging to Said defendants
James Butler and Bailey Butler Situated in Said County
of Jackson on the waters of Proctors Creek adjoining
lands with John Minor and Savages on the South
and west Side of Said Creek one tract on which the
Defendant James Butler now lives by estimation first
tract containing 8 acres 2nd tract containing 12 acres
3rd tract containing 10 acres 4 tract containing 8 acres
5th tract Containing 3 1/2 acres 6th tract containing 25
acres 8th tract containing 25 acres held by deeds of
conveyance from Henry Caster [Carter?] and Sammuel Peck to James
Butler and Bailey Butler in the defendants in all contain-
ing 91 1/2 acres this 29 day of December 1837 Irvin West Const.

Page 10
All of which being Seen and heard by the
Court on motion it is considered by the court
that Said tracts of land So levied upon be and the
Same is hereby condemned and ordered to be Sold to
Satisfy Said plaintiff Debt & costs and the costs of
this motion and that a writ of ? of ?
? ?
Lucy Ussay
vs.
James Butler, Bailey Butler & William Butler

In this case the following
papers were duly
returned & filed in Court

State of Tennessee To any lawful officer of Said County
Jackson County you are hereby commanded to Summons
James Butler and Bailey Butler to appear before me or Some Justice of the Peace for Said County to answer the
complaint of Lucy Ussay in a plea of debt due by
note under one hundred dollars. Given under my hand
and Seal this 1 of December 1836. Denton Plumlee [j.p.]
Justice of the Peace
Execute set for trial before Squire Plumlee on the 8 of
December 1836 Irvin West Const.
One day after date we or either of us will pay
Lucy Ussay fifty dollars for value received of her as
witnessed our hands and Seals this 1 day of August 1835

Attest James Butler [Seal]
Bailey Butler [Seal}
State of Tennessee Judgment for the plaintiff for the Sum of
Jackson County fifty dollars Debt and interest with the
cost of the Suit given under my hand and Seal this 8 of
December 1836 Denton Plumlee [J.P.] Justice of the Peace
The defendants prays the State of execution and offer William
Butler a Security who is received and Stay granted this 8
of December 1836. William Butler [Seal]

State of Tennessee To any lawful officer in and for Said County
Jackson County Greeting to Execute & Return
You are hereby commanded that of the goods and
chattels lands and tenements of James Butler and Bailey
Butler principal and William Butler Security to Stay the
execution for the Said James Butler and Bailey Butler if to be
found in your county you cause to be made the Sum of
fifty dollars debt and Interest from the first of August 1835
and the cost of the Suit and all lawful cost that may rise
by virtue of this execution to Satisfy a Judgment that
Lucy Ussay recovered against the Said James Butler and
Bailey Butler before me on 8th day of December 1836 and
Such monies when made pay over as the law directs
Given under my hand and Seal this 14th day of
December 1837. Denton Plumlee [J.P.] for Jackson County

Debt $50 Interest from the first of August 1835 court cost
for serving warrant $1.00 for levy .50 cents Justices fees for Judgment
and two executions 50 cents
Came to hand this 14th day of December 1837 no goods or
chattels found in my county of the defendants James Butler
& Bailey Butler principal and William Butler Security to
Stay the execution and by consent of the parties Levied
upon Seven tracts of land belonging to Said defendants
James Butler and Bailey Butler Situated in Said County
of Jackson on the waters of Proctors Creek adjoining lands
with John Minor and Savages on the South and west Side
of Said Creek one tract on which the Defendant James
Butler now lives by estimation first tract containing 8 acres
2nd tract containing 12 acres 3rd tract containing 10 acres 4th
tract containing 8 acres 5th tract Containing 3 1/2 acres 6th
tract containing 25 acres 8th tract containing 25 acres held
by deeds of conveyance from Henry Caster [Carter?] and Sammuel Peck
to James Butler and Bailey Butler in the defendants in all
containing 91 1/2 acres this 29 day of December 1837
Irvin West Const.

All of which being Seen and heard by the Court
on motion it is considered by the court that Said tracts
of land So levied upon be and the Same is hereby condemned
and ordered to be Sold to Satisfy Said plaintiffs
debt and cost and the costs of this motion and that
a writ of ? of ? ? ?

Lucy Ussay In this case the
v. following papers were
James Butler, Bailey Butler and William Butler duly returned & filed

Page 12 in Court to wit:
State of Tennessee To any lawful officer in and for Said
Jackson County County - you are hereby commanded to Summons James Butler and Bailey Butler to appear
before me or Some Justice of the Peace in and for
Said County to answer the complaint of Lucy Ussay in a
plea of debt due by note under one hundred dollars.
Given under my hand and Seal this 1 of December
1836. Denton Plumlee [J.P.]
Justice of the Peace
Executed set for trial on the 8 December 1836 Irvin West
One day after date we or either of us will pay Lucy Ussay
fifty dollars for value received of her as witnessed our hands and
Seals this 1 day of August 1835 James Butler [Seal]
Bailey Butler [Seal]

State of Tennessee Judgment for the plaintiff for the Sum
Jackson County of fifty dollars Debt and interest and
cost of the Suit given under my hand and Seal this 8 of December 1836
Denton Plumlee [J.P.] Justice of the Peace

The defendants prays the Stay of execution and offers William
Butler as security who is received and Stay granted this 8
of December 1836. Given under my hand and Seal.
William Butler [Seal]

State of Tennessee To any lawful officer in and for Said
Jackson County County Greeting you are hereby
commanded that of the goods and chattels lands and tenements
of James Butler and Bailey Butler principal and William
Butler Security to Stay the execution for the Said James Butler
and Bailey Butler if to be found in your county you
cause to be made the Sum of fifty dollars debt and
Interest from the first of August 1835 and the cost of
the Suit and all lawful cost that may rise by virtue
of this execution to Satisfy a Judgment that Lucy Ussay
received against the Said James Butler and Bailey Butler
before me on 8th day of December 1836 and Such monies were
made pay over as the law directs. Given under my hand
and Seal this 16th day of December 1837. Denton Plumlee
[J.P.] for Jackson County

Debt $.50 for Serving Warrant $1.00 for levy in execution .50
Justices fees for Judgment and two executions 50 cents

Came to hand this 14th day of December 1837 no goods
or chattels found in my county of the defendants James
Butler & Bailey Butler or William Butler Security to Stay
the execution and by consent of the parties Levied
upon Seven tracts of land of defendants James Butler and
Bailey Butler Situated in Said County of Jackson on the
waters of Proctors Creek adjoining lands with John Minor
and Savages on the South and west Side of Said Creek one
tract in which the Defendant James Butler now lives by
estimation first tract containing 8 acres 2nd tract containing
12 acres 3rd tract containing 10 acres, 4 tract containing 8 acres
5th tract Containing 3 1/2 acres 6th tract containing 25 acres
7th tract containing 25 acres held by deed of conveyance
from Henry Carter and Sammuel Peck to James Butler and
Bailey Butler in the defendants in all containing 91 1/2 acres
this 29 day of December 1837 Irvin West Const.

All of which being Seen and heard by the Court
on motion it is considered by the court that Said tracts of
land So levied upon be and the Same are hereby condemned
and ordered to be Sold to Satisfy the plaintiff debt
and cost and the costs of this motion and it is ordered
that a writ vendition expenses ensue

He then read the following writs of vendition
Expenses and the Sheriff's return thereon, to writ,

In the name of the Sate of Tennessee
To the sheriff of Jackson County - Greeting

Whereas Lucy Ussay heretofore on the 8 day of December 1836
recovered a Judgment against James Butler Bailey Butler Jr.
and William Butler for fifty dollars with interest from
the first day of August, 1835 - before Denton Plumlee Esq.
a Justice of Peace for Jackson County and whereas an
Execution ensued on Said Judgment in default of goods
and Chattels was levied by Irvin West a constable of Said
County on the 29 day of December 1837 upon Seven tracts
of land of defendants J Butler & Bailey Butler Situated in
Said County of Jackson on the waters of Proctors Creek
adjoining lands with John Minor and Savages on the South
and west Side of Said Creek one tract in which the Defendant

Page 14
James Butler now lives, estimation first tract containing
8 acres 2nd tract containing 12 acres 3rd tract containing 10 acres
4 tract containing 8 acres 5th tract Containing 3 1/2 acres 6th tract
containing 25 acres 7th tract containing 25 acres
held by deed of conveyance from Henry Carter and Sammuel
Peck to James Butler and Bailey Butler the defendants in
all containing 91 1/2 acres

And whereas at March Term 1838 of the Circuit Court of
Jackson County the whole matter of the record in Said Suit
was filed in Said Circuit Court and thereupon on the 20
day of March 1838 on motion it was ordered and consi-
dered by Said Circuit Court that Said tract of land So
levied upon be Sold to Satisfy the plaintiff's debt and
cost ? you are therefore hereby commanded to Sell

Said tracts of land So levied upon as aforesaid or So
much thereof as will be of value Sufficient to Satisfy
the plaintiffs Judgment aforesaid and all the costs of Suit
hereon endorsed and have you Said moneys ready to
render as the Law directs before Said Circuit Court at the
Court house in Gainsborough on the third Monday of
July next and have then and there this Writ
Witness James T. Quails Clerk of Said Court at office
3rd Monday in March 1838.
James T. Quails Clerk
Cost clk Quails for recording proceedings 50 Judgment 75 bill
cost 25 venditions expenses 50. = $2. Justice Judgment 25
2 executions 25 = 50 Constable West Serving warrant on
2 defendants at 50 cents 1 levy 50 = $1.50 J.T. Quails Clk

? 15 May 1838 - came to hand Same day upon Merlin
Young Sheriff - Sold the within described tracts of land to Lucy
Ussay at the price of two hundred dollars She being the highest
and best bidder on the 14th day of July 1838 at the court
house Door in Gainsboro Jackson County after having
given legal notice of the time and place of Sale
Merlin Young Sheriff
of Jackson County

Page 15
***
The State of Tennessee
To the Sheriff of Jackson County - Greeting
Whereas Lucy Ussay heretofore on the 8 day of December
1836 recovered a Judgment against James Butler & Bailey
Butler Jr. and William Butler for fifty dollars & interest from 1st
day of August, 1835 - before Denton Plumlee Esq. an acting Justice
of the Peace for Said County of Jackson and whereas an Execution
was afterwards ensued on Said Judgment which Execution
in default of goods and Chattels was levied by Irvin West a
constable of Said County on the 29 day of December 1837
Levied upon Seven tracts of land belonging to the defendants
J Butler & Bailey Butler Situated in Said County of Jackson
on the waters of Proctors Creek adjoining lands with John
Minor and Savages on the South and west Side of Said Creek
one tract in which the Defendant James Butler now lives by
estimation first tract containing 8 acres 2nd tract contain-
ing 12 acres 3rd tract containing 10 acres 4 tract containing 8
acres 5th tract Containing 3 1/2 acres 6th tract containing
25 acres 7th tract containing 25 acres held by deed of
conveyance from Henry Carter and Sammuel Peck to James
Butler and Bailey Butler the defendants in all containing
91 1/2 acres

And whereas at March Term 1838 of the Circuit Court
of Jackson County the whole matter of the record in Said Suit was
filed in Said Circuit Court and thereupon on 20 March 1838
on motion it was ordered and considered by Said Circuit Court
that Said tract of land So levied upon as aforesaid be Sold
to Satisfy the plaintiff's judgment aforesaid the and costs of
Suit. You are therefore hereby commanded to Sell Said tracts of land
So levied upon as aforesaid or So much thereof as will be
of Sufficient value to Satisfy Said plaintiffs Judgment
aforesaid and the costs of Suit hereon endorsed - and have
you Said moneys before Said Court at the Court house in
Gainsborough on the 8 Monday of July next to render
as the Law directs and have then and there this writ
Witness James T. Quails Clerk of Said Court at office
3rd Monday in March 1838.
Jas T. Quails

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Page 16

Cost clerk recording proceedings 50 final Judgment 75
Bill of cost 25 venditions expenses 50. = $2. Justice Plumlee
Judgment 25 execution 12 1/2 ? execution 12 1/2 = 50 Const West
Serving warrant on two defendants at 1.00 & 1 levy 50 = $1.50 J.T. Quails Clk signed 15 May 1838 - came to hand Same day upon
Merlin Young Sheriff - Sold the within described tracts of
land to Lucy Ussay at the price of two hundred dollars She
being the highest and best bidder on the 14th day of July
1838 at the court house door in Gainsboro Jackson County
after having given legal notice of the time and place of Sale
Merlin Young Sheriff
of Jackson County

In the name of the State of Tennessee
To the Sheriff of Jackson county - Greeting
Whereas Lucy Usry heretofore on the 8 of December
1836 recovered against James Butler, Sr Bailey Butler
& William Butler for fifty dollars with interest from
1st day of August. 1835 before Denton Plumlee Esq a
Justice of the Peace for Jackson County And whereas an
execution afterward upon issued on said Judgment in default
of goods and chattels was by Irvin West Constable of Said
Creek one tract on which the defendant James Butler
now lives estimation first tract containing 8 acres 2nd
tract containing 12 acres 3rd tract containing 19 acres
4 tract containing 8 acres, 5th tract containing 3 1/2 acres
6th tract containing 25 acres 7th tract containing 25 acres
held by deed of conveyance from Henry Casten and Samuel
Peak to James Butler and Baily Butler the defendants
in all 91 1/2 acres - and whereas also at March Term 1838 of the
Circuit Court of Jackson County the whole matter of record in
Said Suit was filed in Said Circuit Court and therefore
on 20th March 1838 on motion it was _______and considered
by Said Circuit Court that Said tract of land so ______ upon
______
Page 17

as aforesaid he Sold to Satisfy Said plaintiff Judgment
aforesaid and the costs of Suit ??
You are therefore hereby commanded to Sell Said
tracts of land So levied ? upon as aforesaid on So much
thereof as will be of value Sufficient to Satisfy Said
plaintiff Judgment aforesaid and also the costs of Suit hereon
endiren ? am have you Said moneys before Said Circuit
Court at the Court house in Gainsborough on the third
Monday of July next to render as the law directs and have
also then and there this writ Witness James T. Quarles
clerk of Said court at office 3ø Monday of March 1838
Jas. T. Quarles clk
Cost Quarles for recording proceeding so final Judgment is
Bill of Cost 25 venditions ecpenses 50 = % 200 Justice
Plumlee Judgment 25 executions 122 ? Alios ? executive = 50 Cost most
Serving warrant on r defendants % 1.00 1 levy 50 = 1.50 J. T. Quarles
ss?? 15th May 1838. Came to hand Same day for Merlin
Young Shff - Sold the within described tract of land
to Lucy Usry at the price of two hundred dollars She
being highest and best bidder on the 114th day of July 1838
at the Court House door in Gainsboro after having given
legal notice of the Time and place of Sale
Moslen Young Shrr

In the name of the State of Tennessee
To the Sheriff of Jackson County - Greeting
Whereas Lucy Usry heretofore on the 8 day of December
1836 recovered a Judgement against James Butler, Son Bailey
Butler jun ? 2 & William Butler for fifty dollars debts interest from
1 August 1835 and the cost of Suit before Denton Plumlee in
acting Justice of the Peace for Said County and whereas an
execution afterward acetin law judgment, was, in default of
Goods and chattles, on the 29th day of December 1837, by Irvin
West constable of Said county, levied on Seven tracts of land
belonging to the defendants, James Butler and Bailey butler Situated
in Said County of Jackson on the waters of Proctors Creek joining
lands with John Minon and Savages on the South and west Side of
S____Creek, one tract on which the defendant James Butler now
lives, by estimation first tract containing 8 acres 2nd tract
_____
Page 18

containing 12 acres, 3rd tract containing 10 acres 4 tract containing
8 acres, 5th tract containing 8 1/2 acres 6th tract containing 25 acres 7th tract containing 35 acres held by deed of conveyance
from Henry Casten & Samuel Peak to James Butler and
Bailey the defendants in all containing 91 1/2 ?? acres
And whereas at March Term 1838 of the Circuit Court of
Jackson County the whole matter of record in Said Suit _____
in Said Circuit Court and there upon on 20 March 1838 on Motion
it was ordered and considered by Said Circuit court that Law
tracts of land to levies upon be Sold to Satisfy Said plaintiff
debt and costs and the costs of the motion ?? you are therefore
hereby commanded to Sell Said tracts of land So levied upon
is aforesaid or to much therefore as will be of value Sufficient
to Satisfy Said plaintiffs Judgment aforesaid and the costs
of Suit hereon enclosed - and have you Said moneys before
Said Circuit Court at the court house in Gainsborough on the third
Monday of July next to render as the law directs - And have
you also then and there this writ Witness James T. Quarles
Clerk of Law Court at office 3rd Monday in March 1838
James T. Quarles
Cost. Clerk Quarles for recording record .50 final Judgment 75 bill of cost 25
Vendeshsni Ex pones 50 = $2.00 Justice Plumlee Judgment 25
execution 122 Alios execution 12 ??? .50 ______? West Serving warrant on 2 defendants
$1.00 ling 50 cents - 150 J. T. Quarles
Tss ? 15 May 1838 - Came to hand Same day _____ Merlin Young Shrff
Sold the within described tract of land to Lucy usray at the
price of two hundred dollars the 14th July 1838 at the Court House
door in Gainsboro. legal notice having been given
Merlin Young Sheriff of Jackson County
Plaintiff then read the deed from the Sheriff to Lucy usry
9 as follows) Whereas one Lucy Usry recovered from Judgment
amounting in all to two hundred dollars debts and dollars
costs against James Butler Sen and Bailey Butler, and William
Butler before Denton Plumlee an acting Justice of the Peace for
Jackson County on the 8th day of December 1836 and execution
issued thereon which came to the hands of Irvin West a Constable
of Jackson County and returned no personal property found
Levies ? Said executions the 29th day of December 1857 on Seven
______
Page 19

tract of land of James Butler Sen. and Bailey Butler jr contain
-ing ninety one and one half acres which papers were
returned to the Circuit court by Said Denton Plumlee at
March Term 1838 of Said Circuit Court which land was condemned
at Said Court and orders of Sale issued to Merlin Young former
Sheriff of Jackson County on the 15th day of May 1838 commanding
the Said Merlin Young Sheriff as aforesaid to Sell the Said land
So levied upon So levied upon Situated in Jackson County on the waters of
Tractors Creek Joining lands with John Minor and Savages on
South and west Side of Said Creek the first tract when James
Butler lived at the time of levying Said executors containing
Eight acres Second tract containing twelve acres this tract
containing ten acres, Fourth tract containing Eight acres
Fifth tract containing 3 1/2 acres, Sixth tract containing
twenty-five acres Seventh tract containing twenty five
acres held by deed of conveyance from Henry Casten and
Samuel Peak to James Butler and Bailey Butler in all
containing ninety one and one half acres and after having
advertised and given notice according to law the Said
Merlin Young Sheriff as aforesaid did offer the Said
tract of land at Public Sale at the Court house door of Jackson
County on the 14th day of July 1838 agreeable to Said advertiser
-ment and Notice and one Lucy Usry being the highest
bidder the Same was Struck off to her at the price of two
hundred dollars the Same being to Merlin Young Sheriff as afore
-Said in hand paid the highest bid therefor in consequence
of the Premises ? I richard ? P Brooks present Sheriff of Jackson
County do transfer and convey to Said Lucy Usry and her
heirs forever all the right and title of the Said James Butler
Sen and Bailey Butler Jr to the aforesaid Tracts of land
containing ninety one and one half acres For the consider-
-ation of two hundred dollars to Merlin Young Sheriff as
aforesaid in hand paid to have and to hold the same unto
the said Lucy Usry his heirs and assignees forever in as
full and ample a manner as I as Sheriff aforesaid Canor
ought to convey the Same but no further or otherwise this
day of november 184 9? Sheriff of Jackson County /s/
R P Brooks

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Page 20

State of Tennessee
Jackson County Personally appeared before me A
Montgomery Clerk of the County Court of Said County Richard
P Brooks the Bargain or to the within named deed with whom
I am personally acquainted and who acknowledged that
he executed the Same for the purposes therein const ??
witness my hand at office this 15th day of March 1841
A Montgomery Clk
State of Tennessee { Register office March 27th 1841 I Joshua
Jackson county { R Stone Register of Said County do hereby
certify that the within and foregoing deed of conveyance
from Richard Brooks Sheriff of Jackson County to Lucy Usry
together with the clerks certificate is all duly Registered in
my office Book E @/page 3632564
Joshua R Stone Register of
Jackson County
And the deed from Lucy Usry to Plaintiffs bef ?? o to wit
I Lucy Usry have this day bargained and Sold and do
hereby transfer and convey to Mary Davis and her he;irs forever
for the consideration of three hundred and forty eight dollars
to me paid Seven tracts of land Lying on Proctors Creek
in the County of Jackson and State of Tennessee and containing
ninety one and one half acres. By estimation be the Same
more of less joining lands with Jno Minor and Savages ?
South and west Side of Said Creek the first tract
containing 8 acres, Second tract containing Twelve acres
third tract containing ten acres. Fourth tract containing
Eight acres, Fifth tract containing three acres and half the
Sixth tract containing twenty five acres, Seventh tract
twenty five acres all of these tracts purchased by me
Lucy Usry at Sheriff Sale and Richard P Brooks made me a
title to these tracts of land By orders of the court of Jackson
County to have and to hold the Same to the Said Mary Davis
her heirs and assigns forever - I do covenant and bind
myself m;y heirs and representatives to warrant and defend
the title of Said land to Mary Davis her heirs and assignees
forever against any claim to be made by myself
or any person claiming through or under me but no
further April 13 and in the year of our lord one thousand

_____
Page 21

Eight hundred and forty one her
witness John Tinsley ____ 4 Oct 1841 Lucy x Usry /s/
witness Thomas Davis mark

State of Tennessee {
Jackson County { Personally appeared before me A Mont-
-gomery Clerk of the county court of Jackson County.
John Tinsley a Subscribing witness to the within
named deed who being first Sworn depose and Say that
he is acquainted with Lucy Usry the bargainor and that She
acknowledged the Same in his presence to be her act and
deed upon the day at bears date. Witness my hand
and Seal this 4th day of Oct 1841
A Montgomery Clk

State of Tennessee {
Jackson County { Personally appeared before me A Montgomery
Clark of the County Court of Jackson County. Thomas Davis a
Subscribing witness to the within named deed whoa being
first Sworn depose and Say that he is acquainted with
Lucy Usry the bargainor and that She Acknowledge the Same
in his presence to be his act and deed upon the day it bears
date Witness my hand at office this 30th day of October
1841 A Montgomery Clk

State of Tennessee { Registers Office Feb 20 1842
Jackson County { I Joshua R Stone Register of
Said County
do hereby certify that the within aforegoing Deed from Lucy
Usry to Mary Davis together with the clerks certificate
is all Duly Registered in my office Book F @ page 109
Joshua R Stone Register of
Jackson County

Plaintiff then introduced Hamilton Savage who proved that
he is acquainted with the lands in dispute, defendant was
in possession on 20th February 1847 before her husband James
Butler, Samuel Peak & Casten were in possession of it for 15 or
20 years the land is the Same as described in the declaration
Lucy Usry never has been in possession and the defendant has
since her husbands death claimed and used the land as her own
Plaintiff then introduced William Plumlee who proved that he
has known the land in dispute for forty years when he
_____
Page 22

first knew it so forth ? lived on it - Butlers have had
possession 8 or 10 years - claiming it as their own - Since
the husband of defendant died She has been there claiming
it as her own. She is the wife of James Butler - Defen
dant Plaintiff are both daughters of Lucy Usray - Lucy U
had Several children . James Butler in his life time
& defendant Since his death claims and used the land
their own
Plaintiff then introduced Merlin Young who proved that
he was Sheriff of Jackson County when the land was sold
at Sherrif's Sale - that he advertised the land for Sale in the
Banner of Whig and gave he thins 20 days personal notice
writing but can only Judge from his return - No paper
then published at Carthage or Sparta
The Plaintiff then Read the _____ of the Suit in Chancery of
Bailey Butler and others vs Mary Davis (determined in the
Chancery Court at Gainsboro July Term 1846
To the Honorable Broomfield L Ridley Chancellor of the
4th Chancery Division for the State of Tennessee at Gainsboro
The Bill of complaint of Bailey Butler Jr. William Butler
Welcome Butler, John Butler, Thomas Butler jr, William
Kendall & his wife Sarah Rindall, William Sergent & his wife
Mary Sergent, Margarett Butler, plaintiff against Lucy
Usray, Joel Rich and John Rich of the County of Jackson and
State of Tennessee Defendants your ________ __________ compl
aining would Show your Honor that your Orator & James
Butler his father Sometime in 1835 became jointly
indebted to Said defendant Lucy Usray in four Several
promissory notes of fifty dollars each and due one day
after date: that Said Lucy Usry obtained Judgment on
Said promissory notes against your Law orator & Said James
Butler Sometime in 1836 upon which She raised executions [exceptions?] & had them levied on a tract or parcel of land in the county
& State aforesaid the joint property of your Said orator & Said
James Butler which they purchased of Henry Carter and
Samuel Peak by joint deed which is here exhibited to the
court marked Exhibit No. 1 & a part of this bill to
which the court is referred for boundary: Your orators
_______
Page 23
would further Show your honor that Said land was condemn
-ed & sold to Satisfy Said executions in favor of Said Lucy Usry
Sometime in 1838 and Said land was purchased at Said Sheriff
Sale by Said Lucy Usry for the Sum of Two hundred dollars
and She took the Sheriff deed for the Same: your orators
would further show your Honor that Said land at Said
Sheriff Sale Sold greatly under its value and that your
orators Bailey Butler Jr & the said James Butler did not
then have the money to redeem it: But was told by
Defendant Joel Rich, that if they would let him
have a portion of Said land Supposed to be about
half. makeing the ridge between Said James Butler
& Said Joel Rich the dividing line, he would redeem
Said land, and let your said orator Bailey Butler Jun
and said James Butler keep the balance, your Said
orator & said James Battler not being able to redeem
Said land & not knowing what better to do, agreed if
Said Joel Rich would redeem Said land for them to
let him have Said portion: Your orator would
further show your Honor that Said Joel Rich did
redeem Said land: that Said Joel Rich gave three
promissory notes, with John Rich his Security to the
Said Lucy Usry two for the Sum of one hundred dollars
each & one for the Sum of eighty five dollars as your
orator believes: and that Said Lucy Usry gave
Said John Rich a receipt in full against the
executions aforesaid against your Said orator Bailey
Butler Jun & Said James Butler and that Said Joel Rich
took possession of his portion of Said land: your
orator would further show your Honor that Said
James Butler departed this life Sometime 1839
in the county & State aforesaid leaving the following
persons his distributees & heirs at law: your orator
to wit, Bailey Butler Jun William Butler, Welcome
Butler, John Butler, Thomas Butler jun William Kend
-all & his wife Sarah Kendall formerly Sarah Butler
William Sergent & his wife Mary Sergent formerly Mary
Butler & Margaret Butler with Joel Rich & his wife

----
Page 24

Sciotha Rich formerly Sciotha Butler - your orator
would further Show your Honor that Said Lucy Usry
brought Suit against Said Joel Rich & John Rich
his Security upon Said Several promissory notes
given for the redemption of Said land & obtained
Judgment on the Same: your orators would
further Show your Honor that one of your orators
Bailey Butler jun has Since purchased from the Said
Joel Rich his portion of Said land for the consideration
of two hundred dollars to him in hand paid, and took
his deed for the Same, which is here exhibited to the
court marked exhibit Noø 2 I made apart of this
bill your orator would show your Honor that
Said Lucy Usry contriving with the Said Rich
: to cheat & defraud your orator has given the
Said Joel Rich a receipt in full against him & his
Judgment which She obtained against him & his
Security John Rich and is now claiming Said land
by virtue Said purchase of Said Sheriffs Sale and
further contriving to cheat & defraud your orators
has taken back the receipt against the
executions against your orator Bailey Butler jr
& said James Butler dec? Your orator would further
Show your Honor that Said Lucy Usry Still
further intending to injure, cheat & defraud, your
orator & particularly, your orator, Baily Butler jr
has lately raised an execution against him for
the sum of fifty-four dollars or upwards the Balance
on Said ??? executions which was due her, from
your Said orator & Said James Butler dec. - your
Orators especially charge that Said land was ________
redeemed by Said Rich and that Said notes for Said
redemption was given with the approbation of Said
Lucy Usray and that your orator Bailey Butler Jun made
a bona fide purchase of Said Joel Rich's portion of Said
land for the consideration Set forth in Said deed. The
premises considered your orator would pray your Honor
that Said Lucy Usray Joel Rich & John Rich be made

____
Page 25
Defendants to the bill that process & Subpoena issue
and that they true & perfect answer make to all &
Singular the allegations herein contained upon oath
and particular let Said Defendant Joel Rich answer if he did not
redeem Said land, if he did not take a portion of
the Same, and if he has not since conveyed Said portion
by deed, and further your orators would pray your
Honor that Said Lucy Usray & all persons for her be enjoined
from further proceeding in Said executions until a
final hearing in your Honorable Court: and that
finally your Honor by a final decree of your Honorable
Court decree the title to Said land out of Said Lucy Usry
and decree the Same to your orators: in Such portions
manner & former as your Honor may think they are
entitled to and all Such other remedies as your
Honor may think them entitled to have as in duty
bound they will ever pray.
Minnis Solicitor


Tennessee
Smith County { Bailey Butler comptt made oath in
due form before me that the Statements above made
are true to the best of his knowledge & belief & hereunto
Subscribed his name & that this is the first application
for an Injunction on the case 26th Aug 1841
Ab. Carruthers Judge Bailey butler jr
4 Jud Circuit

Let the clerk & master of the Chancery Court at
Gainsboro issue an Injunction as above prayer on
complts giving bond & Security according to law
? 6th Aug 1841 Ab Carruthers
Judge 4th Jud Circuit

Exhibit Nø 2
This indenture made entered into this 6th day of February 1840
Between Joel Rich of the county of Jackson and State of
Tennessee of one part and Bailey Butler of the county of
Jackson & State of Tennessee witnesseth that for and
in consideration of the Sum of two hundred dollars to the

____
Page 25

Said Joel Rich in hand paid the receipt whereof I take ?
Said Joel Rich doth hereby acknowledge hath this day
bargained & Sold to the Said Bailey Butler his undivided
half of Eight tracts of land lying in Jackson County
the waters of Proctor Creek and bounded as follows on
1st tract
Beginning at an Elm and Beech thence south 2 degrees
East 16 poles to a dogwood thence with Cantrills line 30
degrees 73 East 30 poles to beech in the line of Cantrils
100 acre Survey Thence South 40 poles to a Buckeye one corner ?
to Said 100 Tract thence EAst 16 poles to 2 Beeches Corner ?
to Said Survey thence north 47 poles to a Small elm or Beech
in the line of Survey. Thence up the creek with the
natural boundary to the Beginning containing Eight
Acres 2 tract. Bounded as follows to wit, containing
twelve acres Beginning on a Hickory running west 41
poles to an Ash thence East twenty two poles 1 pointer
to the Beginning to a Beech thence South 31 poles to a
poplar thence west 62 poles to a Stake thence north
31 poles to the Ash north west corner in a field. thence
tract containing ten acres. Beginning at a walnut
Bush the South east corner of the above Survey, running
East 23 poles to a Small walnut thence south 60 poles
a beech thence west 53 poles to an Ironwood & Hornbeam
thence East 50 poles to the Beginning. Fourth tract
bounded as follows Beginning at poplars the South
East corner of Said first tract running south 80 pol es?
to 2 Birches Supposed to be Cantrill line thence East
25 poles to a Stake pointers. Thence west 25 poles to the
Beginning containing Eight acres, Fifth tract boundary ?
as follows, to wit, Beginning at a dogwood in a line of
cantrils 30 acres tract thence with this line East 38
poles to a beech _____ [corner?] to Said 30 acre tract in line of
of Cantrils 100 acre tract thence with the Same
South 4 poles to a Beech and Sugartree in the Same
thence South 4642 poles to a Buckeye thence 2 west
42 poles to the Beginning containing Eight acres and
a half. Sixth tract bounded as follows to wit
beginning on a Beech thence North 46 East 42 ? poles

----
Page 27

to beech & Sugartree Cantrils line of one hundred
acres thence with the Same 22 poles to Buckeye
corner to Same thence with a north line of Cantrils
100 acres thence north 86 degrees East 34 poles to beech
in the Same South 22 west 37 [57?] holes to the young
Poplars thence South 86 degrees west 71 poles to
a Sugartree & Chestnut thence north 38 degrees west
9 poles to a white oak & two Sugartrees - thence
north 42 Degrees East 50 poles to the Beginning
containing 25 acres. Seventh tract bounded as follows
to wit; Beginning at a white oak on the point of
a ridge. thence East 88 poles to a Buckeye and Elm
and Ash thence South 25 degrees west 60 poles to a
beech & Buckeye & poplars - thence South 20 D East 70
poles to a Buckeye & Hickory thence South 70 D west
28 poles to a white oak and 2 ash. thence north 2 D west
74 poles to a Hickory and two maples thence west
10 poles to a Spanish Oak 2 white oak thence
north 23 D East 69 poles to the Beginning containing
25 acres containing in all one hundred acres
to have and to hold the same to the Said Bailey Butler jr
his heirs and assignees forever free from all other
gifts grant bargain Sell from the Said Joel Rich his
heirs and assignees. In testimony whereof I the Said
Joel Rich have hereunto Set my hand and Seal this
6th of February 1840 Joel Rich /s/
Attest
Welcom Butler { State of Tennessee
Bailey B. Kendall { Jackson County
Personally appeared before me
Alex Montgomery Clerk of the County Court of Jackson
County Court of Jackson County. Welcom Butler & Bailey
B. Kendall Subscribing witnesses to the within names
deed and being first duly Sworn depose & Say that they
are acquainted with Joel Rich the bargainor and that
he acknowledged the Same in their present to be his
act and did upon the day it bears date witness my
hand at office this 22nd day of July 1840 A Montgomery clk

_____
Page 28

Registered & Examined 3rd day of August 1846
I R Stone Register
for J County
State of Tennessee { Registers office July the 29th 184?
Jackson County {I W R Kinner Register for Jackson
County do certify that the within and foregoing
transcript is a true copy of a deed from Joel Rich
to Bailey Butler jr taken from the Register office of
Jackson County Book E Page 483 & 484
W R Kinner
Register for Jackson County

Answer of John Rich to a Bill filed against him
Lucy Usray & Joel Rich by Bailey butler & others in the
Chancery Court of Gainsboro:
Respondent Saveing to himself the usual
exceptions for answer to Said Bill Says that about
the 8 December 1838 he as Security of his son Joel Rich
at Said Joels Request executed jointly with Said Joel
three promissory notes to Lucy Usray for $280 which as
he understood at the time from Joel was given to
Said Lucy for the land that She bought at Sheriffs
Sale having the Same land mentioned in the Bill and
Said Lucy gave to Said Joel a receipt against the
Judgment under which the land was sold, respond
refused to go Security until he understood that Joel
was to have all the land So bought by Lucy Usry
but did not understand that any of the complainants
or any other person was to have any part of it. Upon
which notes Said Lucy Usray obtained three Judgments
against respondent & Said Joel Rich before Robert
Hemphill ? a Justice of the Peace for Said county on
28 Dec 1839 or there abouts, Sometime after the Judg
aforesaid were rendered before Esqr Humhill as aforesaid
respondent & Said Joel ascertained that they could not pay
off the Judgments without making a Sacrifice and
that account they and Lucy Usray recinded the con??
and as there was no writings paper between them ___

___
Page 29

the notes which responded & Said Joel executed to
her and the receipt which Said Lucy gave to them as
aforesaid, Said Lucy gave them a receipt against the
Judgment and Said Joel gave up to Said Lucy the receipt
which she had heretofore given him against the
Judgment against the Butlers as aforesaid and as they
had no deed or bond for title from her they considered the
contract for land entirely recinded and they respondent
& Joel has a receipt from Lucy Usray against the
Judgments against them as aforesaid yet they never
paid her one cent, but gave the land back to her for
which the notes were given. Respondent desires all
_____? & combination where with he Stands charged and
having answered all that he is advised is material
for him to answer prays to be dismissed with the
reasonable cost Quash for deft

State Tennessee {
Jackson County { This 1 day of November 1841
came before me George W McWhorter clerk of the
Chancery Court at Gainsboro John Rich the foregoing
respondent and made oath in due form of law that
the Statements in Said answer as made of his own
knowledge are true and those Stated from information
of others he believes to be true
Sworn to & Subscribed his
John x Rich
before me on day & date above written mark
G M McWhorter
Nov Term 1841 In this cause it is suggested
to the court that defendant Lucy Usray and Joel
Rich have died Since the commencement of this
Suit which is admitted by defendants counsel
State of Tennessee
To the Honorable the Chancellor
assigned to hold this Chancery Court for Said State
presiding at Gainsborough
The Bill of complaint of Bailey Butler jr
William Butler, Welcome Butler, John Butler Thomas Butler mr

____
Page 30

William Kendall and his wife Sarah Kendall, William Sergent and his wife Mary Sergent and Margarett Butler and Francis Butler - your orators as a bidsa repres?
to your Honor, that heretofore to wit on or about the 26
of august 1841 they filed their bill of complaint in?
your Honorable court against Lucy Usray, Joel Rick
and John Rich, praying for relief ?? in the premises
in Said Bill States and Set forth - They now respect
-fully Show to your Honor, that Since the filing of
Said bill, the Said Lucy Usray and Joel Rich, two of
the defendants in Said Bill have departed this life,
and their deaths have been Suggested and admitted
appears of record in your Honorable Court - the comp
-lainants further Show that this Said decedents, left
the following heirs at law The Said Lucy Usrays
heirs are as follows Mary Davis; John Hawkins & Lucy
his wife William Holmes & Elizabeth his wife Isaac
Couries ? and his wife Sarah, William Mars and his
wife Anna - The Said Joel Rich left one heir
to wit, James Franklin Rich who is an infant.
Your orators and oratrixes pray your Honor to
revive Said Suit against all of the above named
heirs Some of whom to wit, John Fowler and
Lucinda his wife, William Mars and his wife
Anna Isaac Conners and his wife Sarah are now
inhabitants of this State - They also Show to your
Honor, that Francis Butler above named as a complaint
being the mother of your orator Bailey Butler jr ought
to have been made a complainant in Said original
Bill She being a party in interest to Said Suit
= and the present bill is filed for this purpose of which
the Same and bringing all the parties before your Honor
in order that the rights of each and all, who are conserned
in interest, may be fairly adjudicated upon in your
Honorable Court - and they respectfully ask of your Honor
leave to amend by making the Said Francis a party
complainant and they pray as they have heretofore prayed in this
Said original bill.
Minnis, Selsom & Good ??
for complts
_________
Page 31

Answer of Mary Davis to the Bill of revivor ? filed in
the Chancery Court at Gainsboro by Bailey Butler and
other complainants against this respondent, John Rich
& other defendants
His respondent Saving to himself the usual
exceptions for answer too Said Bill Says that she admits
it true that Since the filing of the original Bill in this
cause She is one of the kind of Lucy Usray Deed and that the
heirs at law of Said descendants respectively are correctly Stated
in Said bill So far as Stated but Lucy Usray has other heirs
Welcome Usray & Elizabeth Shoemake who are her grand
children - And having answered what She is advised is
material for her to answer prays ??
Quarles for deft

Came Mary Davis before me G M McWhorter clerk
and Master of the Chancery Court at Gainsboro and made
oath that the matters contained in the foregoing answers
are true and Subscribed this affidavit in my presence
May 3rd 1842 her
G M McWhorter lesm Mary x Davis
mark
The amended bill of complaint of Bailey
Butler so this citizens of Jackson County against John
rich and other filed in the Chancery Court at Gainsboro
Your orator & oratixes State and Show to
your Honor that Since the filing of their bill of
recevoir [recover?] ? in this cause at the last term of this court
and Since the coming in of the answer of Deft's to their
Said bill of recover Your orators did not know that
Welcome Usary Andrew Shoemake and
Elizabeth his wife formerly Elizabeth Usry were heirs
at law of Lucy Usray your orators State to your
Honor that defendant Welcome Usray is a citizen of
Jackson County and that defendants Andrew Shoemake
& his wife Elizabeth are as your orators are informed
citizens of the State of Arkansas but they do not
Know the county in which they live. Your orators
pray your honor, that as Said Welcome Usray & Shoemake

_____
Pare 32

& wife are material parties, they maybe made defen
-ants to this bill & that they be Served with copies of __
& the original bill, & Subpoenaed to answer & that they
required to answer the Same - And they further pray __
this may be received as an amendant to their bill of
revivor against the heirs at Law of Lucy Usry fi___
in this cause heretofore & as in duty bound they ____
ever pray Minnis, Nelson & Goodall
Sols

Answer of Mary Davis to the bill of complaint filed
the Chancery Court at Gainsboro by Bailey Butler & others compl__
against Lucy Usray. Joel Rich & John Rich & by Bill of recover
against respondent and others defts??
This respondent Saving and reserving to herself the usual excep
& answers that it is true that Since the filing of the original Bill
in this cause, the defendant Lucy Usray & Joel Rich have departed this
life and that She is one of the heirs of Said Lucy and that the heirs of
decedents respectively are correctly Stated in Said Bill so far in Stat__
and that there are two other heirs of Lucy Usray, Welcome Usray & Eliz Shoemaker her grand children. And as Said Lucy Usray resided with
this respondent during the while time of the transactions mentioned
in the Bill She will detail So much as came under her observation
or is within her knowledge - Respondent admits the indebtedness
of complaints Bailey Butler & his father James Butler to her mother
Lucy Usray in his lifetime the judgment thereon & the condemnation
& Sale of the land and that Said Lucy became the purchaser and ___
the Sheriff deed ? therefor which is her exhibition marked A
made part of this snaser ?? (see page ) Respondent also
States that her mother Lucy Usray lived with her at the time of her
death and has resided there for about 18 or 20 years previous and
having but little property being old infirm and blind for the last
8 years of her life and consequently & nesisarily troublesome She
was willing and anxious to make respondent Some compensation
for the trouble & expense that respondent & her husband incurred
on her account and accordingly She Said Lucy executed to
respondent a deed of conveyance for the land conveyed to her
by the Sheriffs deed as aforesaid which deed will be produced
as accounted for on the trial or when required by the court

____
Page 33

as xxxxx and verbally transferred to her husband Charles
Davis in his lifetime the judgment She had recovered against
Said complt Bailey & his father James Butler mentioned in the
bill of complaint since which time Said Charles Davis has
departed this life and respondent as administratrix with
the will annexed ? in recevtoried ? Said Judgment on the balance
due thereon as assets of Said Charles Davis - Respondent denied
that Said complainant Bailey & Joel Rich or either of them
ever redeemed the land from her mother Lucy Usray and
required proof. She admits & so Stated that before the Sherrifs
deed was executed to Said Lucy Said Joel Rich contracted verbally
with her for the land and executed his notes with John Rich
Security to her for $280 but neither Said Bailey nor James was
known in the transaction and when the notes fell due judgments
were obtained on the Same before Esq Humpshell of this county,
and at Said Joels request alledging that he could not without
a Sacrifice pay the money he and Said Lucy Usray recinded the
contract and as no deed has been executed or any contract in
writing for the land: Said Lucy gave Said Joel Rich & John
Rich a receipt and discharge from Said Judgments, they Said
Joel & John never having paid Said Lucy one cent and the
contract between them about the land was thus recinded -
Said verbal Sale & recision was previous to the execution of the
Sheriff deed to Said Lucy and previous to the executions of the
deed from Said Lucy to respondent - Respondent States that
if She had made a charge against Said Lucy Usray for her
board and for respondents trouble in attending & taking
care of her whilst at her house his account would greatly
have exceeded the value of the land She conveyed to her & the
balance of the judgment which She transferred to her husband
& indesd ?? value of all a the property and effects of She was possessed
or entitled to. Respondent States that about the time that Said
Bailey & James Butler became indebted to Said Lucy Usry as
before Stated Said Lucy resided Some few months at the house
of Said James for which respondent is informed & believes
Said Lucy made him full Satisfaction - There is Still a
balance due in the judgments which Said Lucy recovered
against James Butler & Bailey Butler as before mentioned

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which balance by verbal contract belongs to the es tate?
of Charles Davis Deed of which estate this respondent is
administratrix as before Stated and here proffers her littles???
Adm - She denies all fraud combination oe?? & having fully
answered prays that the injunction granted in this cause
be dissolved that the plaintiff bill be dismissed & She
discharged with her reasonable cost H?
And as conclusive evidence that Said Baily Butler
has not redeemd Said land and did not intend to do So, he
wrote an order to the Sheriff assenting to his making a
deed to Said Lucy which is here exhibited marked B which
bears date after the recision of the contract aforesaid by
Said Joel & John & Lucy as before mentioned - Respondent ___
that if an account Should be taken in this cause that She
be allowed a reasonable compensation for boarding and
taking care of Said Lucy which She here claims & Sets ? up
Quarles Sol

State of Tennessee {
Jackson County { This 22nd June 1842 came Mary
Davis the foregoing respondent
before me and made oath in due form of law that
the matter & things Stated in her Said answer as
made of her own knowledge are true and those
matters & things Stated in her Said answer as
made of her own knowledge are true and those
matters & things as Stated as on information of
others She believes to be true and Subscribed this
affidavit in my presence her
Geo M McWhorter CSM Mary x Davis
mark

Exhibit B
W. Richard P Brooks Sir I don't care ? how quick you
give Lucy Usray a deed for that tract of land that was
Sold of James Butler and Bailey Butler - Given under
my hand this 11 of March 1841 B Butler jr

Letters Testamentary

State of Tennessee {
Jackson County { Whereas it appeared to the court here that
Charles Davis late of Said County is dead and hath made his
last will and testament in writing in which he has
appointed Mary Davis executrix to the Same which will

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hath been exhibited into Court and proved as the
law directs it is therefore ordered by the Said Court
that letters testamentary of all and Singular the goods and
Chattles, rights and credits of the Said deceased issue to the
Said Mary Davis She having been qualified agreeable to law
These are therefore to empower you the Said Mary Davis
to enter into and upon all and Singular the goods and chattles
rights and credits of the Said Charles Davis Deed and the Same
into your possession take wheresoever the Same may be
found and a true and perfect inventory thereof to make and
return into our ensuing court and also well and truly to pay
and deliver all legacies contained and Specifics on the Said
Testament as far as the Said goods chattles and credits will
thereunto extend and the law charges Witness A
Montgomery Clerk of our State Court at office the first
Monday of October 1841 A Montgomery Clk

May Term 1845 Came the complainant and prayed
the court for a continuance of this cause when by consent
of the Solicitors on both Sides. It is ordered by the
court that the Same be remanded to the rules and that
all the parties concerned have leave to take what proof
they may think necessary to be read upon the hearing
provided Said proof be taken within four months
from this date

January Term 1846 It is by the court ordered
that this cause be remanded to the rules and leaves
is given both parties to take proof generally to be
read on the hearing

July Term 1846 Be it remembered that the above
cause came on to be heard before the Hon. B. L Ridley
Chancelor upon this the 30th day of July 1846 upon original
Bill, Bill of revivor, answers, replications, judgments
for con_______ and proof. When it appeared to the court
that complainants have no equity as against defendants
It is therefore ordered adjudged and decreed by the court
that complainants Bill the dismissed witness they pay
to defendant Mary Davis through the clerk & ____

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of this court the Said Sums of Money due Said Lucy
usray is Set out in the pleadings in this cause with
all accruing interest thereon and all costs in this cause
on or before the first Monday in January 1847 for which
execution may issue as at law & it is decreed by the court
that complainants possession or those under them of
disputed premises Shall work no prejudice to defendant
pending this litigation
Defendant introduced Jesse Savage who proved that
Defendant Fanny Butler and her people had been in possession
of the land ten or twelve years claiming it as their own that
he has heard the defendant claim it under a redemption ?
and as hers
David Biggerstaff who proved the Same facts that Jesse
Savage did, and also that Defendants claimed it as her own
land ever Since the Sale Some eighteen months past
claimed as hers and a before. Some times under the redemp___
and Sometimes Generally. He States it had been Sold at
Sheriffs Sale. Before Sheriffs Sale defendant claimed it th??
her husband and Since the Sheriff Sale She contended that her
son in law had redeemed it and claimed under the
redemption
John P Black proved that Defendant claimed the land.
that Since the Sale She claimed by redemption
She Said that his Son in law Rich redeemed a part as a of
it and that for the last 18 months She has claimed
it as heirs of Lucy Usray - that plaintiffs husband
in his life wanted him to carry notice to defen
-dant to quit the land & that he refused to carry it -
It was admitted that complainants in the Suit in
Chancery had not paid the money according to the direction
of the Chancelor in his Decree
This was all the evidence in the cause. The court
charged the jury as follows -
If you regard the evidence as establishing the fact that
the defendant and her husband James Butler were in
the possession of the land in dispute and that whilst they

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were So in possession it was levied upon and sold
at the instance of Lucy Usray and that it was purchased
by and conveyed to Lucy Usray and that after it was So
purchased, then defendant & her husband continued in
the possession of it until his death and that after
that event the defendant continued in possession
That then under Such a State of facts as these the possession
of the defendant and her husband would be constant with
the rights of the plaintiff until they Set up an adverse
possession for themselves and until they Set up Such
possession they would be considered in the character of
tenants to the purchases - and if Lucy Usary conveyed
the land to the lessor of the plaintiff while they were
So in possession at any time before they the defendants
or her husband Set up an adverse ? possession for
themselves the deed would not be void for chamssesty ?
to avoid the deed for chamssristy ?? there must have
been an adverse possession at the time the decision
made -
If you regard the evidence establishing the
fact that after the land was Sold the defendant and
her husband for a while remained in possession without
Setting up any adverse possession or claim to it but
afterwards they Set up an adverse claim and possession
then under Such a State of facts as these if Lucy Usray
conveyed the land to the lessor of the plaintiff after this
adverse possession commenced then this the deed would
be void for champresty ?? and this would be So whither
Lucy Usray knew of the adverse possession or not
But to avoid the deed for champerty ?? there must have
been an adverse possession at the time the deed was
made. If at the time the deed was made there was
no adverse possession the fact that there was an
adverse possession Subsequently to it would not void
the deed -
If Bailey Butler was a joint owner of the land and was
not in the possession at the time the land was conveyed

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Page 38
by Lucy Usray to the Lessor of the plaintiff, then the
circumstance that he was not in possession at the
time of the conveyance would not make the deed void
for Champesty???
For the defendant to protect herself under the Statue
of limitations. She must have had Seven years
adverse possession of the land before the commencement
of this Suit and for the possession to be available under
the Statue of Limitations it must have been an adverse
one. If the defendant and her husband was in possession
of the land at the time it was levied upon and Sold
and afterwards So continued there as long as they remained ?
in possession without Setting up any adverse possession
or claim in themselves they would be considered the
tenants of the purchases - If under Such a State of fav??
they after the land was Sold remained in possession for a
time without Setting up any adverse claim or possession
but Subsequently did So then so Soo as they Set up its
adverse claim in themselves then possession would
become adverse then under Such a State of facts as this
the Statues of Limitations would not begin to run
until the opposite party had a Knowledge of Such adverse
possession, and for the defendant to protect herself
under the Statue of Limitations She must have had
Seven years possession after Such Knowledge
The Chancery Court in the Suit of the defendant and
others against the plaintiff and others having decreed
that the defendant Should not in making our her
defence under the Statute of Limitations avail herself
of the time that that Suit was in litigation therefore
in determining the case upon the State of limitation
that time should not be taken into consideration
The jury returned a verdict in favor of the plaintiff
the defendant moved for a new trial which was over
ruled by the Court to all of which the defendant excepts
and tender this his Bill of exceptions which is Signed & Sealed
by the court in this cause Andre I Marchbenks C

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Bill of Cost
Judgment 5th July 1848 vs Deft for damage 1.00
State Tax 3.50
Clk Washburn Writ & Bond $115: 2 orders oat 25 cents
with, 2 continuances at 37 1/2 cents each, issuing 9 Subp
at 12 ? cents each 10 witness probates at 6 ? cents each 4.50
Clk butler Judgment 75 cents, Judgment for cost 25 -
cents, Bill of cost 25 cents, a continuance 37 1/2? cents 4
probates of witnesses at 6 1/2 ? cents, Motion for new trial
25 cents order overruling Same 25 cents, order of
Appeal 50 cents 1 affidavit 6 ? cents, order for
writ of possession 25 cents transcript of record $1622
Copying Bill of exceptions of 113.75 words at 18 cents for
copy Sheet of 180 ??? 18.06 1/4
Plaintiff Witness
Hamilton Savage 10 days at 75 cents, 192 miles at 4 cents
& 8 ferriages at 5 cents 15.38
Defts witnesses
Wm Sergent 6 days at 75 cents 72 miles at 4 cents 6 ferrages
at 5 7.68
Bailey Butler 4 days at 75 cents & 52 miles at 6 cents 5.08
Wm Butler 6 days at 75 cents 84 miles at 4 cents 4 f at 5c 6.56
John P. Black 9 days at 75 cents 144 miles at 4 cts
6 fer at 5 cts 12.81
David Beggerstaff 9 days 75 c 132 miles at 4 cts 6 fer at 5c 12.23
Sheriff Denton executing writ & copy on deft % ? 200 &
f Subpoenas at 25 cents 3.25
BB Kendall executing (Subpoena 25 cents .25
LD Butler executing 1 Subpoena 25 cents .25
W W Goodall executing 2 Subpoenas at 25 cents, Jury & cause .66 1/2
W C Walker executing 2 Subpoenas at 25 cents for pltff .25
_____________
90.31 3/4

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State of Tennessee {
Jackson County {
I Thomas H Butler Clerk of the
Circuit Court of Said County do hereby certify
that the foregoing is a full true & perfect
Transcript of the Record and bill of exceptions
in the case of Mary Davis lesse vs Fanny
Butler as appeal of record in my office
In witness whereof I have
here unto Set my hand and
affixed the Seal of office at
office this 3rd day of Oct 1848
T H Butler Clk