Short
Content
-------------------------------------------------------------------------------NEW CASE. HIRAM CRABTREE AND OTHERS VS. SARAH PRICE AND OTHERS. 1870. Depositions taken: 19 March 1870. DEPOSITION: WILLIAM B. RODY. Aged 35 years. Quest. You will please examine a deed made by Edwin Price to Calip W. Short, Jam es F. Short and David C. Short, which purports to have been witnessed by you and Logan Huffines on the 7th day of Oct. 1867 and say if you know who wrote the de ed, when it was written and when signed by Edwin Price, and who requested or pro cured you to write the deed and to witness the same. Ans. I have examined the deed. I wrote it. The deed was written by me on 28th Se pt. 1867. The deed was signed the 7th day of Oct. 1867 by Edwin Price. He procur ed me to write the deed and also to witness the deed. Quest. Tell if you know why the deed was not signed on the day it was written. Ans. On the day the deed was written, the 28th of Sept. 1867--or about that time , Edwin Price sent for me to come to his house and write his will. I went to his house for that purpose, and after arriving there he declined to make a will. He then gave me a deed he held for the land described in the deed to the Short boy s and requested me to draft a deed for him to the Short boys--by that deed for t he land described in said deed. I carried said deed home with me and wrote the d eed by it according to his instructions and request. I kept it at my house some days and until he, Edwin Price, sent for me to bring it up to his house, when I went and carried it to his house. On the 7th of Oct. 1867, the day it was witnes sed, he signed it. That is the reason why the deed was not signed on the day it was written. Quest. Say whether Edwin Price was or not of sound mind on the day the deed was witnessed by you and Logan Huffines. Ans. I think he was of sound mind. Quest. On the day he asked you to write the deed to the Shorts, tell what he sai d, if anything, about having sold a piece of land that came by his wife and why he made the deed to the Short boys. Ans. He said he had sold 25 acres of his wife's land and got the money for it--a nd that he wished to make this deed to the Short boys in consideration of the la nd he had sold of his wife's. Cross Examination. Quest. You will state if Edwin Price was not, at the time he executed the deed, in feeble health and if he had not been confined to his house for a great length of time and if he had not frequently before that time been thought to be dying and tell how long he had been confined by disease and how long he lived after he signed the deed. Ans. Edwin Price was in feeble health at the time he executed the deed. He had b een confined to his house for a considerable length of time--I think he had been thought to be dying--or near at the point of death before that time. He had bee n confined by disease at least 18 months before that time and he died in Jan. th
ereafter as I remember. I don't remember particularly but as I remember he died in Jan. after executing the deed the 7th Oct. 1867--which would be Jan. 1868. Quest. State if Edwin Price was an old man at the date of the deed. State his ag e as near as you can from your knowledge of him. Ans. I suppose he was 65 or 70 years old at the date of the execution of the dee d. Re examined. Quest. Say if he, E. Price, was or not a very stout man when in health and wheth er after he made the deed and at the time if he was or not able to stand up and walk about the house. Ans. He was a stout man while in health. He was able to sit up and walk about th e room at the time he executed the deed. W. B. Roddy (signature) DEPOSITION: LOGAN HUFFINES. Aged 25 (29?) years. Quest. Say if you saw Edwin Price sign the deed which you witnessed on the 7th O ct. 1867 to the Shorts. If so say whether you witnessed said deed at his request and whether he was of sound mind when he signed the deed. Ans. I saw Edwin Price sign the deed which I witnessed on the 7th of Oct. 1867, to the Short boys. I witnessed the execution of said deed at the request of Edwi n Price. I think he was of sound mind at the time he signed the deed. Cross Examination. Quest. You will state if Edwin Price at the time that he signed the deed was not confined to his house by disease and if he had not been so confined for a great length of time; if he had not before that time during his confinement been thou ght to be dying several times. State if he was not very old at the time of signi ng the deed. Say if he did not on the very day the deed was signed have a bad sp ell and if he was not thought to be dying. Say if he did not frequently, when on e of his bad spells were upon him, scream and hallow so that he was heard at con siderable distances. Ans. Edwin Price was confined to his house at the time he signed the deed by dis ease and had been so confined for some considerable time. I don't recollect that he had been thought to be dying before that time. He was getting tolerably old at the time he signed the deed. I don't know anything about him having a bad spe ll on the day he signed the deed. Nor do I know that he would scream when he had bad spells, so as to be heard a considerable distance of my own knowledge. I ne ver saw him have a bad spell. Quest. Who procured you to go to Price's and witness the deed. State also whethe r or not Price was able to make his mark to said deed. State if it is not a fact that some person took his hand and assisted him in making his mark. State if yo u heard him state his reason for making the deed. Ans. William B. Roddy procured me to go to Price's and witness the deed. Price w as able to make his mark to the deed. I did not see any person take hold of his hand and assist him to make his mark to the deed. I did not hear him state his r easons for making the deed.
Quest. How long did you remain at Price's the day you witnessed the deed? Ans. I reckon I remained there two or three hours. Quest. State if the deed was read to Price before he signed it, if so, by whom a nd who all was present. Ans. I think the deed was read to Price before he signed it. I think W. B. Roddy read it to him. I don't think there was any person present but myself, W. B. Ro ddy, Edwin Price and his wife at the time the deed was signed. Quest. If Price gave any reason why he made and signed the deed the day he signe d the deed, state what it was. Ans. He did not give any reason that I heard. Logan Huffines (his mark) The handwriting in this next document gets progressively worse, and often is not readable by me. (bp) THE BILL OF COMPLAINT of Hiram Crabtree and wife Lucinda, Joseph R. Crabtree and wife Elizabeth Crabtr ee, citizens of Jackson Co. TN against Sarah Price, Caleb W. Short, James P. Short, Edwin P. Short, David C. Short, all citizens of Jackson Co. TN. . . . Edwin Price departed this life intestate in Jackson Co. TN about the 4th o f Feb. 1868. At the March term of the County Court for Jackson county TN, your o rators were appointed administrators of the estate of said deceased and took upo n themselves the administration of said estate. Your orators charge that on the 28th of Sept. 1867 defendant fraudulently (unreadable) said deceased to make to defendant Short a deed to 250 acres of land lying in Jackson county TN on Pine L ick of Jennings Creek bounded by the lands of Edwin Price deceased on the west, Polly Cherry on the east, on the south by the lands once owned by Gore's heirs. Said deed was procured by a fraudulent (unreadable) among the defendants who hav e confederated and (unreadable) to cheat and defraud the estate of Edwin Price. Sarah Price is the widow and relict of said deceased, the other defendants are h er grandchildren by her husband that died previous to her marriage with Edwin Pr ice deceased. Said deceased for many years prior to his death had been much affl icted both in body and mind. Your orators and oratrixes charge that at the time said deed was made that said deceased was of unsound mind and incapable of (unre adable) for want of (unreadable) capacity. Your orators charge that said deed wa s not founded on any (unreadable) consideration (unreadable) was (unreadable) (u nreadable) paid to (unreadable) deceased but was persuaded by fraudulent devices of defendants who had confederated to cheat and defraud said deceased out of hi s estate in his old age and when his mind was so (unreadable) as to render him i ncapable of taking care of his estate, your orators charge that these defendants have not only conspired (?) to cheat and swindle this helpless old man out of h is estate but tried to get possession of a large quantity of gold and silver tha t belonged to said deceased as well as paper currency. Your orator does not know the amount of money and is forced to call on defendants for a discovery. Let ea ch of them answer if they have money of Edwin Price's they have on hand here (un readable) they (unreadable) that and belonged to him and state fully what amount they have seen in his possession and what disposition has been made of it and w here it is now. If spent to whom was it paid. Your orators charge that the defen dants are cultivating the land of said deceased and are liable for the rent of t
he same. Your orators are the only heirs of said deceased being his only childre n now living on the (unreadable) of (unreadable). In tender consideration of the (unreadable) your orators and oratrixes pray for copy (?) and process and for answers on oath from all of the defendants on the ( unreadable) the deed made to defendants Shorts be cancelled and given up and dec lared void from fraud as well as the (unreadable) of capacity of said Edwin Pric e. Let all of the title papers belonging to the said Price estate be filed and d iscovery had as to all lands from the defendants. Let the widow and relict of sa id deceased be endowed of the real estate of said deceased. Let an account be ta ken of the money in the hands of defendants and of the (unreadable) and (unreada ble) of the land and for general relief. DEED. Know all men by these presents that I, Hiram Crabtree, have this day bargained, sold and for the within named consideration do transfer and convey to Rubin Cart er and his heirs (That is to say the said Rubin Carter has executed to me his no te for seventy five dollars one day after date, date 2nd day Jan. 1853 for two t racts of land) lying in Jackson County TN and District No. 4, on the extreme hea d waters of Garrison's Fork of Jenning's Creek containing by estimation 125 acre s more or less, Bounded as follows (viz) first tract beginning at a birch . . . to the beginning, containing 50 acres and entered in the name of J. G. Cunningha m, the other containing 75 acres entered in my name bearing date 8th Oct. 1850. Recorded V.5, P. 349, No. 2794. Beginning at a Beech at the foot of a hill and t he beginning corner of the above described tract of 50 acres . . . to a stake co rner of the above described 50 acre survey then with said line . . . to the begi nning. To have and to hold the above described lands to the said R. Carter and h is heirs forever. I do hereby bind myself, my heirs to warrant the title of said land to the said R. Carter and his heirs forever against any claim to be made b y me or any person claiming through or under me, but no farther, provided the sa id R. Carter does pay or cause to be paid the above mentioned seventy five dolla rs and interest on or before the first day of Jan. 1855. Then this deed to be ab solute, final and unconditional and if not paid to be null and void and possessi on to be delivered back to said Crabtree in witness thereof I have here unto set my hand and affixed my seal on the 2nd day of Jan. 1853. Hiram Crabtree (signature) Witness: W. C. Cherry John M. Cherry Registered 9 Feb. 1854 THE SEPARATE ANSWER OF HIRAM CRABTREE to the Bill of Complaint of John Carter against him and others filed in the Chan cery Court at Gainesboro. 9 Feb. 1854. This respondent saving and reserving the usual exceptions, etc. for answer to co mplainant's bill or so much thereof as he is advised is material for him to answ er to, Answering says=as to the fact of complainant's purchase of his codefendan t of the land mentioned in Complainant's bill, he knows nothing of his own knowl edge but has heard it reported that complainant had purchased said land of said Braswell but had no knowledge or information of that fact until since his purcha se of said land of Priscilla Carter and that he purchased said land of said Pris cilla Carter about 15 Oct. 1850 and took her deed to the same which is here file
d marked Exhibit A and (unreadable) part of his answer. That the legal title to said land at the time of said purchase of said Priscilla Carter as respondent wa s informed was in James G. Cunningham, who was the original grantee of said land --Respondent knows nothing of the fact that complainant ever had possession of s aid land either by himself or by his tenant--he knows that Ruth Carter and Prisc illa Carter had possession of said land for several years but that they were cla iming it for themselves--that one Bailey Carter about 1844 and 1845 had possessi on of said land claiming the same-- admits that complainant left the country abo ut the time stated and his absence from the country but as to complainant's conf ident expectations he knows nothing but denies any intention of taking any advan tage of complainant's absence or of doing anything whatever to prejudice the rig hts of complainant--and again repeats that he had no knowledge of complainant ha ving purchased said land or paid any purchase money or that he held any bond for title or that he had held said land as his own by his tenants for any length of time previous to his, respondent's, purchase of said Priscilla Carter as afores aid--but has since said purchase of said Priscilla heard some such reports--that he has also understood that the pretended purchase of said complainant was for said Ruth Carter and Priscilla Carter and not for himself. Respondent further st ates that he has understood that his co-defendant Braswell purchased said land o f said Cunningham and that his co-defendant sold his land to Benjamin Braswell a nd that said Cunningham executed to said Benj. Braswell a deed of said land--and that the said Benjamin Braswell sold said land to said Priscilla Carter and exe cuted to her a deed for the same which is here filed marked Exhibit B. After whi ch your respondent purchased the same of the said Priscilla as above stated--tha t the deed from said Cunningham to said Benj. Braswell was an unregistered deed and by agreement was cancelled and the said Cunningham made to respondent a deed to the same, which deed is here filed marked Exhibit C--when Respondent suppose d that he had a good legal title--that all the titles that had ever been execute d to said lands previous to his said purchase had been cancelled--Respondent her e states that he is not advised as to whether his co-defendant John Braswell eve r had any legal title to said land or not and requires proof--that he has since his said purchase sold said land to his co-defendant Reuben Carter Jr. and execu ted to him a quit claim deed for the same. Respondent further states that said l and has been held under titles adverse to the pretended claim, that complainant is seeking to set up to said land for more than seven years previous to the fili ng of his bill in this cause and relies upon the statute of limitations as a def ense against complainant's claim. Having fully answered all the allegations in c omplainant's bill or so much thereof as he is advised is material for him to ans wer to, prays to be dismissed with his reasonable costs. Hiram Crabtree (signature) DEED. 7 Oct. 1867. I, Edwin Price, of the county of Jackson and State of Tennessee have this 28th d ay of Sept. 1867 give the following described land to Calip W. Short, James H. S hort, Edwin P. Short and David C. Short these lands ly(ing) in the county and st ate aforesaid and in District No. 13 on the waters of the pine lick creek and be ing the same conveyed to me by Robert Montgomery. Said land is bounded as follow s: one tract containing 50 acres beginning on a sugar tree. . . a ridge in James Purcell's line . . . including Lemuel Cherry's old sugar camp and Rubin Carter' s dwelling house. Also one other tract or parcel of land in said county of Jacks on containing 200 acres held (?) by entry entered in the name of Rubin Carter in the entry taker's office of Jackson Co. TN. By entry No. 2287 bearing date 21 d ay of Dec. 1835 with this condition as to the last described tract where the mot her (?) line crosses the creek, the fence and branch to be the line until the fe nce intersects said line. To have and to hold the above described tracts or parc els of lands to the said Calip W. Short, James H. Short, Edwin P. Short and Davi
d C. Short, their heirs and assigns forever, I, Edwin Price, do hereby agree and bind myself, my heirs and representatives to warrant and forever defend the tit le to said lands . . . Edwin Price (his mark) Witnesses: W. B. Roddy and Login Huffins Registered 8 Oct. 1867. SARAH PRICE VS. HIRAM CRABTREE AND WIFE, ET. ALS.--ORIGINAL BILL. JOSEPH R. CRABTREE AND WIFE AND HIRAM CRABTREE AND WIFE VS. CALEB SHORT ET. ALS. Be it remembered that these came to be heard on this the (blank) day of April 18 72, the Honorable W. W. Goodpasture Chancellor presiding upon the (unreadable). Compromise of the parties which is in the words and figures as follows, to wit: Here insert. It is therefore ordered and directed by the Court that said Causes be dismissed and that Hiram Crabtree and James F. Short pay all the cost of these Causes acco rding to the terms of the written compromise. It is therefore ordered and deemed by the Court that C. W. Short and the other p arties mentioned in the pleadings in this Court and to the Compromise recover of the said Hiram Crabtree and James F. Short all the costs expended in these caus es for which execution will (unreadable). It appearing to the Court that William H. Botts was solicitor for Sarah Price in her lifetime and as such brought and prosecuted this suit for her up to her death and that he was solicitor for C. W. Short, S. F. Short, E. P. Short and D. C. Short. It is ordered that he have a l ien in the (unreadable) property and affects of Sarah Price and said shares to s ecure his fees and it is ordered that it be referred to the Clerk and Master to take proof and respond to next term of this Court what is a reasonable fee for s aid solicitor W. H. Botts. COMPROMISE. Clay County TN, Feb. 1872. We, Hiram Crabtree and wife Lucinda, Joseph R. Crabtree and wife Elisabeth of th e first part and Caleb W. Short, Jas. F. Short, Edwin P. Short, and David C. Sho rt of the second part, being the only heirs and claimants to the estate of Edwin Price and his widow Sarah Price, deceased. Do hereby jointly and individually agree (for the purpose of settling up and dis tribution of said estate) (and for the purpose of stopping lawsuits and court ex penses, etc.) do hereby jointly and individually agree to and enter into the fol lowing agreement and settlement of said estate, viz, that the above named Lucind a and Elisabeth Crabtree and Jas. F. Short shall all meet at the late residence of said decedents and divide all of the household and kitchen apparel equally in to three parts, that they can willingly agree upon. And that said Jas. F. Short retain one part to be equally divided between the Shorts above named to be their s forever. And said other two parts to be equally divided between said Crabtree women to be theirs forever. And that all the Balance of said personal assets (on hand, undisposed of) that belong to said decedents be advertised ten days at th ree or more public places in said county and sold to the highest bidder on 12 mo nths credit, the purchaser giving note with approved security and drawing ten pe r cent interest till paid from date. And it is further agreed by us jointly and individually that Hiram Crabtree and Jas. F. Short be and is appointed to advert
ise, hunt up and sell and take notes due to said claimants, collect the same and hold it ready and pay it over to said claimants equally--that is to say, one th ird to the Short heirs and the other two thirds to the Crabtree heirs equally an d take receipts for same. And it is also agreed to by us jointly and individuall y that the Lawsuits that is now pending in the Chancery Court at Gainesboro TN a bout some portions of the real estate belonging to or claimed by said decedents and their heirs be withdrawn and compromised on the following terms=that the sai d H. Crabtree and Jas. F. Short have them withdrawn with as little cost as need by and pay all off all cost of every kind concerning them out of the proceeds of the above named estate. Also the funeral and burial expenses and have the grave s of said decedents neatly pailed in and that the land mentioned in said lawsuit s remain as they were just before said suits was commenced, that is the said Sho rt is to have the land deeded to them by E. Price to be theirs forever and the b alance of said decedent's real estate to go to the Crabtree heirs to be their's forever and that they give up said Jas. F. Short the note E. Price paid off of h is for a mule to H. Sweazea, also David C. Short not being present to enter into this settling, it is agreed that his brothers stand good for their assignment a nd let him, D. C. Short, give his consent by letter. They give bonds of $500. Jas. F. Short and H. Crabtree are allowed compensation for services. Signatures of all except D. C. Short, who was signed for by C. W. Short with Pow er of Attorney.
ereafter as I remember. I don't remember particularly but as I remember he died in Jan. after executing the deed the 7th Oct. 1867--which would be Jan. 1868. Quest. State if Edwin Price was an old man at the date of the deed. State his ag e as near as you can from your knowledge of him. Ans. I suppose he was 65 or 70 years old at the date of the execution of the dee d. Re examined. Quest. Say if he, E. Price, was or not a very stout man when in health and wheth er after he made the deed and at the time if he was or not able to stand up and walk about the house. Ans. He was a stout man while in health. He was able to sit up and walk about th e room at the time he executed the deed. W. B. Roddy (signature) DEPOSITION: LOGAN HUFFINES. Aged 25 (29?) years. Quest. Say if you saw Edwin Price sign the deed which you witnessed on the 7th O ct. 1867 to the Shorts. If so say whether you witnessed said deed at his request and whether he was of sound mind when he signed the deed. Ans. I saw Edwin Price sign the deed which I witnessed on the 7th of Oct. 1867, to the Short boys. I witnessed the execution of said deed at the request of Edwi n Price. I think he was of sound mind at the time he signed the deed. Cross Examination. Quest. You will state if Edwin Price at the time that he signed the deed was not confined to his house by disease and if he had not been so confined for a great length of time; if he had not before that time during his confinement been thou ght to be dying several times. State if he was not very old at the time of signi ng the deed. Say if he did not on the very day the deed was signed have a bad sp ell and if he was not thought to be dying. Say if he did not frequently, when on e of his bad spells were upon him, scream and hallow so that he was heard at con siderable distances. Ans. Edwin Price was confined to his house at the time he signed the deed by dis ease and had been so confined for some considerable time. I don't recollect that he had been thought to be dying before that time. He was getting tolerably old at the time he signed the deed. I don't know anything about him having a bad spe ll on the day he signed the deed. Nor do I know that he would scream when he had bad spells, so as to be heard a considerable distance of my own knowledge. I ne ver saw him have a bad spell. Quest. Who procured you to go to Price's and witness the deed. State also whethe r or not Price was able to make his mark to said deed. State if it is not a fact that some person took his hand and assisted him in making his mark. State if yo u heard him state his reason for making the deed. Ans. William B. Roddy procured me to go to Price's and witness the deed. Price w as able to make his mark to the deed. I did not see any person take hold of his hand and assist him to make his mark to the deed. I did not hear him state his r easons for making the deed.
Quest. How long did you remain at Price's the day you witnessed the deed? Ans. I reckon I remained there two or three hours. Quest. State if the deed was read to Price before he signed it, if so, by whom a nd who all was present. Ans. I think the deed was read to Price before he signed it. I think W. B. Roddy read it to him. I don't think there was any person present but myself, W. B. Ro ddy, Edwin Price and his wife at the time the deed was signed. Quest. If Price gave any reason why he made and signed the deed the day he signe d the deed, state what it was. Ans. He did not give any reason that I heard. Logan Huffines (his mark) The handwriting in this next document gets progressively worse, and often is not readable by me. (bp) THE BILL OF COMPLAINT of Hiram Crabtree and wife Lucinda, Joseph R. Crabtree and wife Elizabeth Crabtr ee, citizens of Jackson Co. TN against Sarah Price, Caleb W. Short, James P. Short, Edwin P. Short, David C. Short, all citizens of Jackson Co. TN. . . . Edwin Price departed this life intestate in Jackson Co. TN about the 4th o f Feb. 1868. At the March term of the County Court for Jackson county TN, your o rators were appointed administrators of the estate of said deceased and took upo n themselves the administration of said estate. Your orators charge that on the 28th of Sept. 1867 defendant fraudulently (unreadable) said deceased to make to defendant Short a deed to 250 acres of land lying in Jackson county TN on Pine L ick of Jennings Creek bounded by the lands of Edwin Price deceased on the west, Polly Cherry on the east, on the south by the lands once owned by Gore's heirs. Said deed was procured by a fraudulent (unreadable) among the defendants who hav e confederated and (unreadable) to cheat and defraud the estate of Edwin Price. Sarah Price is the widow and relict of said deceased, the other defendants are h er grandchildren by her husband that died previous to her marriage with Edwin Pr ice deceased. Said deceased for many years prior to his death had been much affl icted both in body and mind. Your orators and oratrixes charge that at the time said deed was made that said deceased was of unsound mind and incapable of (unre adable) for want of (unreadable) capacity. Your orators charge that said deed wa s not founded on any (unreadable) consideration (unreadable) was (unreadable) (u nreadable) paid to (unreadable) deceased but was persuaded by fraudulent devices of defendants who had confederated to cheat and defraud said deceased out of hi s estate in his old age and when his mind was so (unreadable) as to render him i ncapable of taking care of his estate, your orators charge that these defendants have not only conspired (?) to cheat and swindle this helpless old man out of h is estate but tried to get possession of a large quantity of gold and silver tha t belonged to said deceased as well as paper currency. Your orator does not know the amount of money and is forced to call on defendants for a discovery. Let ea ch of them answer if they have money of Edwin Price's they have on hand here (un readable) they (unreadable) that and belonged to him and state fully what amount they have seen in his possession and what disposition has been made of it and w here it is now. If spent to whom was it paid. Your orators charge that the defen dants are cultivating the land of said deceased and are liable for the rent of t
he same. Your orators are the only heirs of said deceased being his only childre n now living on the (unreadable) of (unreadable). In tender consideration of the (unreadable) your orators and oratrixes pray for copy (?) and process and for answers on oath from all of the defendants on the ( unreadable) the deed made to defendants Shorts be cancelled and given up and dec lared void from fraud as well as the (unreadable) of capacity of said Edwin Pric e. Let all of the title papers belonging to the said Price estate be filed and d iscovery had as to all lands from the defendants. Let the widow and relict of sa id deceased be endowed of the real estate of said deceased. Let an account be ta ken of the money in the hands of defendants and of the (unreadable) and (unreada ble) of the land and for general relief. DEED. Know all men by these presents that I, Hiram Crabtree, have this day bargained, sold and for the within named consideration do transfer and convey to Rubin Cart er and his heirs (That is to say the said Rubin Carter has executed to me his no te for seventy five dollars one day after date, date 2nd day Jan. 1853 for two t racts of land) lying in Jackson County TN and District No. 4, on the extreme hea d waters of Garrison's Fork of Jenning's Creek containing by estimation 125 acre s more or less, Bounded as follows (viz) first tract beginning at a birch . . . to the beginning, containing 50 acres and entered in the name of J. G. Cunningha m, the other containing 75 acres entered in my name bearing date 8th Oct. 1850. Recorded V.5, P. 349, No. 2794. Beginning at a Beech at the foot of a hill and t he beginning corner of the above described tract of 50 acres . . . to a stake co rner of the above described 50 acre survey then with said line . . . to the begi nning. To have and to hold the above described lands to the said R. Carter and h is heirs forever. I do hereby bind myself, my heirs to warrant the title of said land to the said R. Carter and his heirs forever against any claim to be made b y me or any person claiming through or under me, but no farther, provided the sa id R. Carter does pay or cause to be paid the above mentioned seventy five dolla rs and interest on or before the first day of Jan. 1855. Then this deed to be ab solute, final and unconditional and if not paid to be null and void and possessi on to be delivered back to said Crabtree in witness thereof I have here unto set my hand and affixed my seal on the 2nd day of Jan. 1853. Hiram Crabtree (signature) Witness: W. C. Cherry John M. Cherry Registered 9 Feb. 1854 THE SEPARATE ANSWER OF HIRAM CRABTREE to the Bill of Complaint of John Carter against him and others filed in the Chan cery Court at Gainesboro. 9 Feb. 1854. This respondent saving and reserving the usual exceptions, etc. for answer to co mplainant's bill or so much thereof as he is advised is material for him to answ er to, Answering says=as to the fact of complainant's purchase of his codefendan t of the land mentioned in Complainant's bill, he knows nothing of his own knowl edge but has heard it reported that complainant had purchased said land of said Braswell but had no knowledge or information of that fact until since his purcha se of said land of Priscilla Carter and that he purchased said land of said Pris cilla Carter about 15 Oct. 1850 and took her deed to the same which is here file
d marked Exhibit A and (unreadable) part of his answer. That the legal title to said land at the time of said purchase of said Priscilla Carter as respondent wa s informed was in James G. Cunningham, who was the original grantee of said land --Respondent knows nothing of the fact that complainant ever had possession of s aid land either by himself or by his tenant--he knows that Ruth Carter and Prisc illa Carter had possession of said land for several years but that they were cla iming it for themselves--that one Bailey Carter about 1844 and 1845 had possessi on of said land claiming the same-- admits that complainant left the country abo ut the time stated and his absence from the country but as to complainant's conf ident expectations he knows nothing but denies any intention of taking any advan tage of complainant's absence or of doing anything whatever to prejudice the rig hts of complainant--and again repeats that he had no knowledge of complainant ha ving purchased said land or paid any purchase money or that he held any bond for title or that he had held said land as his own by his tenants for any length of time previous to his, respondent's, purchase of said Priscilla Carter as afores aid--but has since said purchase of said Priscilla heard some such reports--that he has also understood that the pretended purchase of said complainant was for said Ruth Carter and Priscilla Carter and not for himself. Respondent further st ates that he has understood that his co-defendant Braswell purchased said land o f said Cunningham and that his co-defendant sold his land to Benjamin Braswell a nd that said Cunningham executed to said Benj. Braswell a deed of said land--and that the said Benjamin Braswell sold said land to said Priscilla Carter and exe cuted to her a deed for the same which is here filed marked Exhibit B. After whi ch your respondent purchased the same of the said Priscilla as above stated--tha t the deed from said Cunningham to said Benj. Braswell was an unregistered deed and by agreement was cancelled and the said Cunningham made to respondent a deed to the same, which deed is here filed marked Exhibit C--when Respondent suppose d that he had a good legal title--that all the titles that had ever been execute d to said lands previous to his said purchase had been cancelled--Respondent her e states that he is not advised as to whether his co-defendant John Braswell eve r had any legal title to said land or not and requires proof--that he has since his said purchase sold said land to his co-defendant Reuben Carter Jr. and execu ted to him a quit claim deed for the same. Respondent further states that said l and has been held under titles adverse to the pretended claim, that complainant is seeking to set up to said land for more than seven years previous to the fili ng of his bill in this cause and relies upon the statute of limitations as a def ense against complainant's claim. Having fully answered all the allegations in c omplainant's bill or so much thereof as he is advised is material for him to ans wer to, prays to be dismissed with his reasonable costs. Hiram Crabtree (signature) DEED. 7 Oct. 1867. I, Edwin Price, of the county of Jackson and State of Tennessee have this 28th d ay of Sept. 1867 give the following described land to Calip W. Short, James H. S hort, Edwin P. Short and David C. Short these lands ly(ing) in the county and st ate aforesaid and in District No. 13 on the waters of the pine lick creek and be ing the same conveyed to me by Robert Montgomery. Said land is bounded as follow s: one tract containing 50 acres beginning on a sugar tree. . . a ridge in James Purcell's line . . . including Lemuel Cherry's old sugar camp and Rubin Carter' s dwelling house. Also one other tract or parcel of land in said county of Jacks on containing 200 acres held (?) by entry entered in the name of Rubin Carter in the entry taker's office of Jackson Co. TN. By entry No. 2287 bearing date 21 d ay of Dec. 1835 with this condition as to the last described tract where the mot her (?) line crosses the creek, the fence and branch to be the line until the fe nce intersects said line. To have and to hold the above described tracts or parc els of lands to the said Calip W. Short, James H. Short, Edwin P. Short and Davi
d C. Short, their heirs and assigns forever, I, Edwin Price, do hereby agree and bind myself, my heirs and representatives to warrant and forever defend the tit le to said lands . . . Edwin Price (his mark) Witnesses: W. B. Roddy and Login Huffins Registered 8 Oct. 1867. SARAH PRICE VS. HIRAM CRABTREE AND WIFE, ET. ALS.--ORIGINAL BILL. JOSEPH R. CRABTREE AND WIFE AND HIRAM CRABTREE AND WIFE VS. CALEB SHORT ET. ALS. Be it remembered that these came to be heard on this the (blank) day of April 18 72, the Honorable W. W. Goodpasture Chancellor presiding upon the (unreadable). Compromise of the parties which is in the words and figures as follows, to wit: Here insert. It is therefore ordered and directed by the Court that said Causes be dismissed and that Hiram Crabtree and James F. Short pay all the cost of these Causes acco rding to the terms of the written compromise. It is therefore ordered and deemed by the Court that C. W. Short and the other p arties mentioned in the pleadings in this Court and to the Compromise recover of the said Hiram Crabtree and James F. Short all the costs expended in these caus es for which execution will (unreadable). It appearing to the Court that William H. Botts was solicitor for Sarah Price in her lifetime and as such brought and prosecuted this suit for her up to her death and that he was solicitor for C. W. Short, S. F. Short, E. P. Short and D. C. Short. It is ordered that he have a l ien in the (unreadable) property and affects of Sarah Price and said shares to s ecure his fees and it is ordered that it be referred to the Clerk and Master to take proof and respond to next term of this Court what is a reasonable fee for s aid solicitor W. H. Botts. COMPROMISE. Clay County TN, Feb. 1872. We, Hiram Crabtree and wife Lucinda, Joseph R. Crabtree and wife Elisabeth of th e first part and Caleb W. Short, Jas. F. Short, Edwin P. Short, and David C. Sho rt of the second part, being the only heirs and claimants to the estate of Edwin Price and his widow Sarah Price, deceased. Do hereby jointly and individually agree (for the purpose of settling up and dis tribution of said estate) (and for the purpose of stopping lawsuits and court ex penses, etc.) do hereby jointly and individually agree to and enter into the fol lowing agreement and settlement of said estate, viz, that the above named Lucind a and Elisabeth Crabtree and Jas. F. Short shall all meet at the late residence of said decedents and divide all of the household and kitchen apparel equally in to three parts, that they can willingly agree upon. And that said Jas. F. Short retain one part to be equally divided between the Shorts above named to be their s forever. And said other two parts to be equally divided between said Crabtree women to be theirs forever. And that all the Balance of said personal assets (on hand, undisposed of) that belong to said decedents be advertised ten days at th ree or more public places in said county and sold to the highest bidder on 12 mo nths credit, the purchaser giving note with approved security and drawing ten pe r cent interest till paid from date. And it is further agreed by us jointly and individually that Hiram Crabtree and Jas. F. Short be and is appointed to advert
ise, hunt up and sell and take notes due to said claimants, collect the same and hold it ready and pay it over to said claimants equally--that is to say, one th ird to the Short heirs and the other two thirds to the Crabtree heirs equally an d take receipts for same. And it is also agreed to by us jointly and individuall y that the Lawsuits that is now pending in the Chancery Court at Gainesboro TN a bout some portions of the real estate belonging to or claimed by said decedents and their heirs be withdrawn and compromised on the following terms=that the sai d H. Crabtree and Jas. F. Short have them withdrawn with as little cost as need by and pay all off all cost of every kind concerning them out of the proceeds of the above named estate. Also the funeral and burial expenses and have the grave s of said decedents neatly pailed in and that the land mentioned in said lawsuit s remain as they were just before said suits was commenced, that is the said Sho rt is to have the land deeded to them by E. Price to be theirs forever and the b alance of said decedent's real estate to go to the Crabtree heirs to be their's forever and that they give up said Jas. F. Short the note E. Price paid off of h is for a mule to H. Sweazea, also David C. Short not being present to enter into this settling, it is agreed that his brothers stand good for their assignment a nd let him, D. C. Short, give his consent by letter. They give bonds of $500. Jas. F. Short and H. Crabtree are allowed compensation for services. Signatures of all except D. C. Short, who was signed for by C. W. Short with Pow er of Attorney.
