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Amos Rogers, et al vs. Thos. (Thomas) W. Huffines

Jackson County, Tennessee Court

April 1872 - March 1873

Source: This court case was generously found, transcribed and shared in April 2002 by Charlene Carver McClain, an avid and tenacious Huffines family researcher of many years experience. The transcription of this case, which runs approximately 25 pages, took many hours and much dedication on the part of Charlene. Many thanks to her for her continued contributions to this website and for her forethought in sharing some of that which she has been fortunate to ferret out over the years.

Note: This transcription was done with the utmost pain and care to ensure that the delicate copies are herein presented as authentically as possible. Where there were obvious misspellings, liberty has been taken to make corrections for readability. Though this case was sent to me in another order, with Charlene’s permission, I have taken the liberty of arranging the case in chronological order - by date - rather than by page number, as was the original format. For those interested in the original format, I have saved it and it will be made available by request.

Background: The primary participants in this case - Amos Rogers and Thomas W. Huffines - were stepfather and stepson. Thomas W. [Whitton] Huffines was the son, and youngest child, of Jane Katherine Teel and William A. Huffines (William A. Huffines having been the son of Daniel Huffines (1787- ~1865) and Mary Teel. Following William’s death, Jane married a second time to Amos Rogers, as further witnessed by the transcription of the following case dated June 1872 and also by the 1870 Jackson County Tennessee census listing Jane as Jane Rogers and the minor Huffines children in the Rogers household. At the time of this case, Jane, as widow of William A. Huffines and wife of Amos Rogers, was a party to the complaint against her children and the land they were in joint possession of as heirs at large of William A. Huffines, deceased.

 

AMOS ROGERS, et al vs. Thos. (Thomas) W. Hufhines et al

Date not specified (but prior to April 1872)

In the name of the State of Tennessee To the Sheriff of Jackson County, Greetings. You are hereby commanded to summons Thomas W. Hufhines to appear before the worshipful County Court of Jackson County, Tennessee to be held at the Courthouse in the Town of Gainesboro on the first Monday in May next, then and there to plead answer or demur to a Bill filed in our said County Court by Amos Rogers and others against Thomas W. Hufhines and others and have you then and there this writ and show how you have executed the same witness William G. Cox, Clerk of said Court at office the 1st Monday in April, 1872.

Signed: W. G. Cox, Clerk

 

 

1st Monday in April 1872

Came the complainants by their solicitor and it appearing to the Court from an allegation in complainants Bill which is sworn to that defendants Daniel A. Hufhines, Mary Jane White, Charles H. White, and Amanda E. Hufhines are non residents of the State of Tennessee so that the ordinary process of the law cannot be served upon them. It is ordered by the Court that publication be made in the week by Spirit of the Age a newspaper published in Gainesboro, Jackson County, Tennessee for four consecutives weeks requiring said non-resident defendants to appear before the County Court of Jackson County at the Courthouse in Gainesboro on the first Monday in May, 1872 and then and there plead answer or demure to complainants Bill filed against them in this cause or the same will be taken for confessed against them and set for hearing [unreadable].

 

 

June Term 1872

Amos Rogers, Jane C. Rogers his wife, Joanna J. Hufhines, Joseph Upton and wife Heniette Upton

vs.

Thomas W. Hufhines, Daniel A. Hufhines, Amanda E. Hufhines, Mary Jane White, and Charles H. White

Be it remembered that this cause was this day heard by the worshipful County Court of Jackson County. James M. Richmond, chairman presiding in presence of the solicitors of the parties upon Bill orders of the Court exhibits answer of defendants by their guardian ad litem B. B. Washburn and report of the Clerk un-excepted to and which is as follows and is by the Court confirmed (Here insert report) from which it appeared to the Court that Wm. A. Hufhines died in Jackson County on the [20th] day of [June 1857] seized and possessed with title in fee simple to the tract of land in the pleadings described that complainant Jane C. Rogers is the wife of Complainant Amos Rogers and widow of said Wm. A. Hufhines, deceased and has had her dower in said land, that complainant Joanna J. Hufhines, Henrietta Upton, and defendants Amanda E. Hufhines, Thomas W. Hufhines, Daniel A. Hufhines are the only living children and heirs at law of said Wm. A. Hufhines, deceased, that defendants Mary J. White and Charles H. White are his grandchildren and only children of Malinda White, a deceased daughter of said Wm. A. Hufhines, that complainant Henrietta Upton is the wife of complainant Joseph Upton, that defendants Amanda E. Hufhines, Charles H. White, Mary J. White, and Daniel A. Hufhines are all properly before the Court by publication properly and legally sworn, that defendant Thomas W. Hufhines is properly before the Court by Server of Process, that defendants are all minors, and that B. B. Washburn is their guardian ad litem legally appointed by the Court that this answer by said guardian is on file.

Wherefore it is ordered adjudged and decreed by the Court that the land in the pleadings described be sold upon a credit of one and two years except the sum of one hundred and twenty-five dollars to be paid in cash at the time of sale for the purpose of distributing the proceeds of the sale to the heirs at law of Wm. A. Hufhines, deceased. The Clerk of this Court will advertise the time and place of sale as required by law and sell said land upon the premises to the highest bidder at public sale on a credit of one and two years except one hundred dollars in cash, take notes from the purchaser with good security in equal amounts at one and two years, retain a lien upon the land for the purchase money, the notes to bear interest from date at six percent, the cash to be applied to solicitors, guardian and Clerks fees, costs and etc. the biddings for said land to open at five hundred dollars, the minimum value thereof will have the estate in said land after termination of the widow’s dower, all other questions are reserved till the Clerk refer this sale which he is required to do as serve as he can make the same.

 

 

3 June 1872

In the County Court of Jackson County, Tennessee proof taken by me in this case on this 3rd day of June 1872 at my office in Gainesboro on an order of the Court referring the cause to me for proof on the neatus embraced in said order, depositions of Witness being duly sworn depose as follows:

H. H. Draper, aged 53 years sworn

Question: You will state whether or not you know the land described in the pleadings in this case owned by Wm. A. Hufhines in his lifetime. Do you know the names and number of the heirs at law of said Wm. A. Hufhines? State whether or not said land can be partitioned to his heirs without great damages to the whole value of the land. Why not? State whether or not it would be to the interest of all the parties interested to have a sale of the land for the purpose of a division of the fund among those so titled, whether or not the money at interest for which the land would sell would be worth more to the parties and especially the minors than the rents and profits of the land. What would be a fair cash value for the land?

 

Answer: I am acquainted with the land. I know all the heirs of Wm. A. Hufhines, deceased. There are six in number, Thos. W. Hufhines, Daniel A. Hufhines, Amanda E. Hufhines, Harriette Upton, Joanna J. Hufhines, and Malinda White. Malinda White is dead and left two children to wit: Mary J. White and Charles H. White, only children and grandchildren of Wm. A. Hufhines, deceased. The land could not be partitioned into six parts owing to its situation as regards timber, water and etc. so as each heir could have his or her share. There is but one spring on the land or near it. No place for but one settlement on this place and that not very favorable. The land is scarce of timber. There is some timber on the widow's dower and some on the other part of the land, on the west or northwest of the tract mostly. It would be to the interest of all the parties interested to have a sale of the land to partition the funds among the heirs of Wm. A. Hufhines, deceased. The money at interest for which the land would sell would be worth more to the parties and especially the minors than the rents of the land after paying for repairs. The tract of land in cash is worth about five hundred dollars and combined as it is with the dower of the widow.

Signed: H. H. Draper

Test: W. G. Cox, Clerk

 

Wm. Draper, aged 55 years sworn

Question: Have you heard read the question propounded to H. H. Draper and his answer thereto. Do you adapt his deposition in all it's parts as your deposition in this cause?

Answer: I have heard the question to and answer of H. H. Draper in this cause and I do adopt and refer to his deposition in all it's parts as my deposition in this cause.

Signed: William Draper

Test: W. G. Cox, Clerk

 

Answer of Thomas W. Hufhines, Daniel A. Hufhines, Amanda E. Hufhines, Charles H. White, Amanda Jane White by their guardian ad litem, B. B. Washburn, to the Bill of Amos Rogers and others filed against them in the County Court of Jackson County, Tennessee.

Respondents saying and reserving exceptions offer answer says it is time their ancestor, W. A. Hufhines, died possessed of the land in the Bill described that the widow has had her dower in said land, that the heirs of said Wm. A. Hufhines are correctly stated in the Bill - whether it would be best for defendants who are minors to have a sale of said land is a question to be determined by the Court upon report of the Clerk predicirtion (sic) on the proof in the cause, having fully answered and etc.

Signed: B. B. Washburn, guardian ad litem

B. B. Washburn before me this day made oath that the facts stated in the above answer are true to the best of his knowledge, information, and belief and subscribed this affidavit before me this 3rd day of June, 1872.

Signed: B. B. Washburn, guardian ad litem

Subscribed and sworn to before me the date above.

Test: W. G. Cox, Clerk

 

Amos Rogers, Jane C. Rogers, Joannah J. Huffhines, Joseph Upton and wife Henietta Upton

vs.

Thomas W. Hufhines, Daniel A. Hufhines, Amanda E. Hufhines, Charles H. White, and Mary Jane White

BILL TO SELL LAND

Came the parties by their solicitors and this cause being this day heard by the Court upon Bill order of publication, publication made server of process, exhibits, answer of defendants by their guardian ad litem, B. B. Washburn, this cause is by order of the Court referred to the Clerk to take proof and report to the Court whether the land described in the pleadings is susceptible of partition or not among the heirs of Wm. A. Hufhines, deceased, if not whether it would be manageably to the interest of all the parties entitled to have a sale of said land for the purpose of a distribution of the proceeds of sale of the land among those entitled, whether the money for which the land will sell at interest would be worth more to the parties and especially the minors than the rents and profits of the land, and make his report to this term of the Court, all other questions are reserved until the return of said reports.

 

 

June Term 1872

In this case the Clerk reports to the Court that he has in obedience to an order _______ herein made by the Court this day and at the term of the Court taken proof upon all the matters referred to him in said order and from the attorneys in the case of H. H. Draper and William Draper whose depositions are on file in this cause he refer to that the lands described in the pleadings cannot be partitioned in kind among the heirs at law of Wm. A. Hufhines deceased, so as to give each heir a share of said land, that all or most of the timber on the land is on the south or northwest part of the tract of land, that there is but one spring or place for settlement on the tract, that a partition of the land into six parts would very greatly damage the value of the whole tract, that a sale of the land for division among those entitled is absolutely necessary, that the money at interest for which the land would sell would be worth more to the parties and especially the minors than the rents and profits of the land after payment for necessary repairs.

That the minimum cash value of the land subject to and combined with the widow’s dower, the purchaser taking the dower after the termination of the life estate is five hundred dollars all of which is respectfully submitted to the Court at June Term 1872.

Signed: W. G. Cox, Clerk

 

 

5 Aug 1872

In this case the Clerk reports that he, on the _____ day of _______ 1872 after having advertised the time and place of sale as required by law and the decree in this case offered the land for sale and there was no sale for want of bidders. The Clerk would respectfully submit to the court a notification of the decree of sale so as to permit him to sell the land at the Courthouse in Gainesboro, all of which is respectfully submitted to the Court at August Term 1872.

Signed: W. G. Cox, Clerk August 5th 1872

 

It appearing to the Court in this case that from the report of the Clerk that there was no sale of the land ordered to be sold by decree of the Court herein made at the June Term 1872 of this Court. Wherefore for want of bidders no person bidding for said land wherefore it is ordered and decreed by the Court that the decree ordering the sale of said land made at June Term 1872 be and the same is hereby reviewed, and said decree is so modified as to permit the Clerk to sale said land at the Courthouse in Gainesboro. The Clerk will advertise the time and place of sale as required by law and said decree and sell said land under said decree at the Courthouse in Gainesboro, opening the bidding at the minimum value required by said decree and report sale to the next Term of this Court after said sale all other questions being reserved until the return of report of sale.

 

Whereupon it is ordered and decreed by the Court that ordered A nos. 1, 2, 3, 4, and 5 be taken in lien of and to supply and stand for the lost record in this cause, that the affidavit of B. B. Washburn and W. G. Cox, Clerk of this Court be entered of record in this cause that after the entry of said affidavit said orders shall be entered on the minutes of the Court in the following order. Order A Nos. 1, No. 2, No 3, No. 4 and No. 5. It further appearing to the Court from a report of the Clerk that the lands in the pleadings described has not been sold. It is ordered by the Court that the decree herein ordering a sale of said land, made at the June Term last of this Court be reviewed and the Clerk will advertise the time and place of sale as required by law and said decree and sell said land at the Courthouse in Gainesboro as provided in said decree and report this sale to the first term of the Court thereafter, all other questions are reserved.

Transcriber’s Note: This land is in District No. 2 not in District No. 3 where Wartrace Creek is located..............this is land which is located in the community of Indian Creek, in fact, I believe it to be part of William Huffines' father, Daniel's land on Indian Creek near the old Indian Creek Methodist Church. It did have a cemetery on this land at one time, but the lake covered it, I am almost sure. I suspect this was where the Huffines family members were buried from all the stories and what I know about this area.

 

 

COUNTY COURT LAND SALE

10 August 1872

In obedience to an order of the County Court of Jackson County made at the August Term 1872 of said Court in the case of Amos Rogers and others against Thomas W. Hufhines and others, I will on Saturday the 14th day of September, 1872 at the Courthouse door in the Town of Gainesboro sell all the land in the pleadings mentioned belonging to the estate of William A. Hufhines, deceased to the highest bidder on a credit of one and two years with interest from date except the sum of one hundred dollars in cash which will be required of the purchaser on day of sale and the bidding to open at five hundred dollars said land will be sold subject to the widow's dower said land being the same whereon Amos Rogers now lives lying and being in Civil District No. 2 of Jackson County, Tennessee and bounded by the lands of David H. Draper on the north, John McCawley's land and Indian Creek on the east, Cumberland River and the lands of Thomas Hufhines on the south. The purchaser will be required to give notes with approved security and a lien will also be retained on said land for the purchase money. This 10th day of August, 1872.

Signed: W. G. Cox, Clerk

 

 

8 Oct 1872

BILL TO SELL LAND

W. G. Cox, Clerk of the County Court of Jackson County makes oath that this cause is pending in the County Court of Jackson County, that on the night of the 14th of August, 1872 the Courthouse of Jackson County was destroyed by fire, that all the records of this cause on the Minute Docket of the County Court of Jackson County were destroyed by the burning of the Courthouse, and subscribed this affidavit before me this 8th day of October, 1872.

Signed: W. G. Cox, Clerk

Test: Joe M. Richmond, Chairman of Jackson County Court

BILL TO SELL LAND

In this case it appeared to the Court from the affidavit of W. G. Cox, Clerk of this court that the Minute Docket of this Court containing all the Court records of the case was destroyed by the burning of the Courthouse of Jackson County. It is ordered by the Court that Complainants be permitted to supply said lost record the best evidence attainable in their power and that they have until next term of the Court to do so.

 

 

9 Nov 1872

BILL TO SELL LAND

Motion to supply lost record came before me, B. B. Washburn who made oath in due form of law that he is the guardian ad litem for the minor defendants in this cause, that for L. C. Hall Solicitor of the Complainants drafted all the orders and decrees herein which were entered on the minutes or records of the Court, that exhibit A order No. 1, Order No. 2, Order Number 3, and Order No. 4, and Order No. 5 are all the original decrees entered on the record of the Court in this cause except Order No. 1 which is a true and substantial copy of said order which was entered in the record of said County Court of Jackson County. W. G. Cox makes oath that the Minutes Docket and most of the record of the County Court of Jackson County were destroyed by the burning of the Courthouse in Gainesboro in August, 1872, that the Docket containing all the orders and decrees in this cause was totally destroyed.

He further states that orders A. No. 1, No. 2, No. 3, No. 4, and No. 5 herewith filed as part of this affidavit were decrees of Jackson County Court made in this cause that they were all entered on the lost minute Docket of this Court had ______ before the burning of the Courthouse in Gainesboro, that all of said orders and decrees herein were the original orders and decrees of the Court in the cause except order No. 1 which is a true and substantial copy of that order entered of record in this cause, and both applicants

herein described this affidavit before me in open Court this 9th day of November,

1872.

Signed: B. B. Washburn

W. G. Cox, Clerk

Subscribed and sworn to before me the date above

Signed: James M. Richmond, Chairman of the County Court of Jackson County

 

 

1st Monday in January 1873

I, William G. Cox, Clerk and Special Commissioner report to the worshipful county court of Jackson County, that I on the 14th day of December, 1872 at the Courthouse door in the Town of Gainesboro offered and sold all the land in the pleadings mentioned as directed by this court when John Draper became the purchaser at the price of five hundred dollars, he being the highest bidder, who paid in cash on day of sale one hundred dollars and executed his two notes for the remainder. One note twelve months after date with interest from date and dated the 14th day of December, 1872 for the sum of two hundred dollars with his securities. The other note for two hundred dollars two years after date with interest from date and dated the 14th day of December, 1872 with his securities which notes are good and also a lien retained on said land until the purchase money is paid, said land sold for the minimum price fined thereon by decree of the court, all of which is respectfully submitted to the worshipful court the 1st Monday in January, 1873.

Signed: W. G. Cox, Clerk and Special Commissioner

 

 

17 Feb 1873

In obedience to an order of reference made in this cause by the Court I have taken at my office in Gainesboro on this 17th day of February, 1873 depositions of G. H. Morgan and A. B. Botts practicing attorneys of this Court who after being duly sworn depose as follows:

G. H. Morgan, Sworn

Question: You will state whether or not you are a practicing lawyer of the Gainesboro, if so, state what would be a reasonable fee for services of L. C. Hall, solicitor and B. B. Washburn guardian ad litem for minors in the suit of Amos Rogers and others vs. Thos. W. Hufhines and others in Jackson County Court for procuring land sale in said suit.

Answer: I am a practicing Attorney in the Courts held at Gainesboro, from what I know of the case, the amount involved, the amount for which the land sold and etc., I think L. C. Hall, Solicitor and B. B. Washburn, Guardian Ad litem, ought to have for their services twenty-five dollars each. I think this would be reasonable. The record was burned or destroyed or lost and had to be supplied and was supplied by said Washburn.

Signed: Geo. H. Morgan

I have examined and heard the questions to G. H. Morgan and adapt his answers as my answer hereto.

Signed: A. B. Botts

 

 

March 1873

In this case the under signed reports from depositions of G. H. Morgan and A. B. Botts which are on file that L. C. Hall for his services as solicitor in this cause should have a fee of twenty-five dollars and B. B. Washburn guardian ad litem for minors for his services as such should have a fee of twenty-five dollars, all of which is respectfully submitted to the Court at March Term 1873.

Signed: W. G. Cox, Clerk

 

 

Amos Rogers and wife Jane C. Rogers Joannah J. Hufhines, Joseph Upton and wife Henriette F. Upton

vs.

Thomas W. Hufhines, Daniel A. Hufhines, Amanda E. Hufhines, Mary Jane White, and Charles H. White

1st Monday in March 1873

BILL TO SELL LAND

Be it remembered that this cause was on this 3rd day of March1873 heard by the worshipful County Court of Jackson County. James M. Richmond, Chairman, with J. G. Cunningham and R. W. Allen, Justices of the quorum, presiding upon the pleadings in the cause orders heretofore made by the Court therein, and report of the Clerk of the Sale of the Land described in the pleadings which report is un-excepted to and is as follows to wit:

I, William G. Cox, Clerk and Special Commissioner report to the worshipful County Court of Jackson County that I on the 14th day of December, 1872 at the Courthouse door in the Town of Gainesboro offered and sold all the land in the pleadings mentioned as directed by this Court when John Draper became the purchaser a the price of five hundred dollars, he being the highest bidder who paid in cash on day of sale one hundred dollars and executed his Page 23 two notes for the remainder one note twelve months after date with interest from date and dated the 14th day of December, 1872 for the sum of two hundred dollars with R. S. Richardson and J. C. Ray his securities. The other note for two hundred dollars two years after date with interest from date and dated the 14th day of December, 1872 with R. S. Richardson and J. C. Ray his securities which notes are good and also a lien retained on said land until the purchase money is paid. Said land sold at the minimum price fixed therein by decree of the Court all of which is respectfully submitted to the worshipful Court the 1st Monday in March, 1873.

Signed: W. G. Cox, Clerk and Special Commissioner

Whereupon it is ordered adjudged and decreed by the Court that said report be in all things confirmed and that the title in and to said tract of land be unvested out of Complainants and defendants the widow and heirs-at-law of William A. Hufhines, deceased, subject of the life estate of the widow, Jane C. Rogers therein as her dower and vested in the purchaser, John Draper and his heirs forever and he will on the termination of the life estate of the widow's dower therein take a full ample and complete title to said dower. The Clerk upon an order of reference as to fees of solicitors, L. C. Hall and B. B. Washburn, guardian ad litem for minors reports to the Court upon the evidence of George H. Morgan and A. B. Botts whose depositions are on file that the services of said Hall Solicitor in this cause are worth twenty-five dollars, and services of B. B. Washburn, guardian ad litem are worth twenty-five dollars. It is decreed by the Court that said report be in all things confirmed, and that the Clerk of the Court pay to L. C. Hall for his services the sum of twenty-five dollars, and to B. B. Washburn, guardian ad litem for the minors the sum of twenty-five dollars out of the cash fund of said sale and that he retain out of said fund money sufficient to pay the cost of this suit. The Clerk will also execute a deed to the purchaser of the land reciting this suit and the boundaries of the land. He will collect the fund for which the land sale as it becomes due and pay out the same to those entitled to wit the heirs of Wm. A. Hufhines, deceased retaining a sufficiency thereof to pay the cost herein decreed.

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