On December 8, 1836, Lucy Usury was issued a judgment by Denton Plumlee, JP, for $200 against James Sen. and Bailey Jun. Butler. Lucy Usury was the mother-in-law of James and the mother of Fanny Butler, James' wife. The judgment arose out of a default by the Butlers in August of 1835 on 4 promissory notes of $50 each. About this same time Lucy Usury had lived for a period of time with James Butler. Lucy Usury attempted to collect several times on her judgment. Each time the sheriff returned, unable to collect on the judgment.
On December 29, 1837, Lucy Usury levied against 7 tracts of land (91 1/2 acres) on Protors Creek owned by James and Bailey Butler, which the Butlers had received from Henry Carter (Casten) and Samuel Peck. The levy apparently was by stipulation of the parities. Later on July 14, 1838, the 7 tracts of land were sold for $200 to Lucy Usury at a sheriff's sale in Gainesboro.
Sometime after the sheriff's sale, John Rich and his son Joel gave three promissory notes to Lucy Usury which totalled $280 for the land Lucy Usury purchased at the sheriff's sale.
Sometime in 1839 James Butler died. His distributees and heirs at law were Fanny, Bailey Jr., William, Welcome, John, Thomas Jr., William Kendall and wife Sarah Butler, William Sargent and wife Mary Butler, Margaret Butler and Joel Rich and wife Sciotha Butler.
On February 6, 1840, Bailey Butler purchased from Joel Rich his undivided 1/2 interest in the 7 tracts of land for $200. The record is unclear whether there were 8 or 7 tracts. The deed was witnessed by Welcome Butler and Bailey B. Kendall.
On April 13, 1841, Lucy Usury sold to her daughter Mary Davis the seven tracks of land for $340. This amount was apparently less than what the tracts were worth and was in part compensation to Mary Davis for having taken care of her mother. The deed to Mary Davis was witnessed by John Tinsley and Thomas Davis.
On August 26, 1841, Bailey Butler Jr., William Butler, Welcome Butler, John Butler, Thomas Jr. Butler, William Kindall and wife Sarah Butler, William Sargent and wife Mary Butler and Margarett Butler commence suit against Lucy Usury, John Rich and Joel Rich. The complaint alleged that Bailey Butler agreed with Joel Rich that Joel Rich would redeem the 7 tracts for land in exchange for the Butlers giving him 1/2 interest with the ridge as the dividing line.
Sometime after the filing of the suit and before the start of the November 1841 Court term, Lucy Usury and Joel Rich died. Lucy Usury's heirs were: Mary Davis, John Fowler and his wife Lucy, William Holmes and his wife Elizabeth, Isaac Conner and his wife Sarah, William Mars and his wife Anna. Lucy Usury also had at least two grandchildren: Welcome Usury of Jackson and Andrew Shoemaker and his wife Elizabeth (formerly Usury) of Arkansas.
Only one heir was mentioned of Joel Rich, an infant son named James Franklin Rich.
On November 1, 1841, John Rich answered the complaint and stated that the three promissory notes to Lucy Usury were never paid and that Lucy Usury rescinded the contract to sell the 7 tracts to the Richs.
In a subsequent answer to an amended complaint, Mary Davis stated on June 22, 1842, that Lucy Usury orally transferred her judgment against the Butlers to Charles Davis, Mary's husband. However, Charles Davis was dead at the time of the answer. Mary Davis also stated that she took care of her mother and that the land she received was not enough to pay for doing so.
After some delays due to witnesses being out of the county, trial was held in July 1846. The 12 jurors were: 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 and James Draper.
At trial Jesse Savage testified that Fanny and her people were in possession of the land for 10-12 years. Other witnesses included David Biggerstaff and John P. Black.
The jury instructions from the judge stated that the Butlers could only acquire the property under adverse possession if their possession was for 7 or more years before the filing of the suit and was in fact adverse. (In today's language the possession must be open and notorious). Also, the judge instructed the jury that if there was adverse possession at the time of the deed (I believe to Mary Davis), then the deed would be void by champerty.
The jury returned a verdict for Mary Davis and awarded her $1 damages against Fanny Butler. The Butlers asked for a new trial which request was denied. The Butler's then appealed the case to the 4th Judicial Circuit, which was the Supreme Court of Tennessee for middle Tennessee at that time. Apparently the Supreme Court took no action which would be tantamount to denying the appeal. Or perhaps, the Supreme Court's action is missing from the file.
In November of 1846, Mary Davis' lessee (unnamed), commenced an action of ejectment against Fanny Butler and Nathaniel Head. The file contains no further details about this matter. In the March 1847 term of the Circuit Court, John Derr complained of Richard Fern. Apparently, Derr had leased the property from Mary Davis and thereafter Derr was forced off the property by Fern. Fanny admitted that Derr had been ejected, but Fanny asserted that she had title to the property. The file is inconclusive as to what happened in this matter. Other testimony
Hamilton Savage testified that Fanny was in possession of the land on February 20, 1847, and that she had used the property as her own since her husband's death.
William Plumlee stated that he had known the property for 40 years and that the Butlers had possession for 8-10 years. No papers were filed at Carthage or Sparta.