Whitakers

Some of these Whitakers’s are Lincoln County, Tennessee Whitakers. There may be a connection between them and our White County, Tennessee Whitakers, but I don’t know what it might be (I have always wondered if there was- but have never been able to document any connection.) Way back then one brother might have set out on his own and may have never had any contact with his parents and siblings again- due to illiteracy, distance from parents, hard life in an untamed wilderness, etc.

Misc. information:

Here is what I have put together about William Whiteaker. As far as I can tell it is accurate but there is always a chance that changes will need to be made down the road as information is uncovered. William Whiteaker was born in about 1795. (The specific birthplace is unknown at this time.) His father's name was probably William.

I have an idea (and this is pure speculation on my part) that William Whiteaker’s father came from Pennsylvania and travel through the valley of Virginia, then through the Cumberland Gap up into Kentucky (maybe Boonsboro), and then into White county Tennessee- this could have taken place over a period of 20 or 30 years- but who knows.

I have not been able to trace William Whiteaker’s line back before 1795 (his approximate birth year)

William Whiteaker had settled in White county, Tennessee by about 1815 if not a few years earlier. The Bartlett’s (William Whiteaker's In-laws) were probably in Tennessee by at least 1807. I think this because: What seems to be Dorcas Bartlett brother’s (Daniel) obituary mentions that he (Daniel) moved with his parents to White county, Tennessee in 1807.

William Whiteaker first married Dorcas Bartlett in about 1821 probably in White county, Tennessee. Dorcas was the daughter of Joshua and Winnie Bartlett. William and Dorcas had at least one son (Henry). Joshua Bartlett’s (Dorcas Bartlett’s father) last will and testament seems to indicate that William and Dorcas had two children, one son being Henry Whiteaker. Dorcas is thought to have passed away in June 1823. If there was a second child I am not sure what happened to him or her. May have died in childbirth?, may had been a daughter and married someone and her where abouts were eventually lost for all time? or some other scenario. Then William married a second time, this time marrying Rhoda Kinnard. They were married in about 1825 probably in White county, Tennessee.

William and Rhoda were the parents of eleven children. They were Nathan, Sarah, Mark, Betty, Ann, Lucinda, William, Robert, George, John, and Polly.

William and Rhoda lived in Dry Valley, Tennessee for many years until they moved to Jackson county Tennessee sometime just before 1850. Putnam County was formed in 1842/1854. After moving to Jackson County, Tennessee they may have lived in the Free State community on a bend of the Cumberland River. Tennessee land records seem to indicate that William Whiteaker had owned a great amount of land over the years.

Brief Tennessee road history:
1796: State of Tennessee created. State law allowed overseers to appoint citizens to work on road projects, similar to today's jury duty.
1801: Responding to Governor John Sevier, The General Assembly appointed commissioners for road building purposes.

1807: Overseers provided with road building materials.
1817: Meeting held in Blountville to promote a navigation company to enhance transportation. East Tennessee almost entirely dependent upon overland trade from Richmond and beyond by 6-horse team wagons.
1821: State of Tennessee created 3 classes of public roads: First Class - 30 foot wide stage road, Second Class - 12 feet wide, and Third Class - wide enough for a horse and rider. Roads were notched to indicate class (First class = 3 notches).

White County, Tennessee- April 9, 1821
Ordered by Court the following hands be assigned Joshua Bartlett Overseer of the road from post oak to falling water, known by the name of Cherey Creek Road To wit: Wm Whitaker, Saml. Hardy, Jno Bartlett, Leander Hughes, Walker Burnett, Martin Bedwell, Jno Pennington, Charles Isham, Biggin Perkins, James Lenard, Jno Dyer, James Myers, Jos. England, Hodge England, Irwin Derling, Isaac Bartlett, Mark Whitson, Dudley Hunter, James Hudgens, Thomas Robertson, Wm Pryor, Geo. Thomas, Jno. Bohannan, James Strain, Jno. Jackson, Jno Phillips, Joshua Hatcher, Wm. Bartlett, Jos. Hunter, Jas Jackson, to keep said road in repair as the law requires. Issd.

[Putnam County was first established on 2 February 1842 when the Twenty-fourth General Assembly enacted a measure creating Putnam County from portions of Jackson, Overton, Fentress, and White Counties. Isaac Buck, Burton Marchbanks, Henry L. McDaniel, Lawson Clark, Carr Terry, Richard F. Cooke, H. D. Marchbanks, Craven Maddox, and Elijah Con, all of Jackson County, were named by the Act to superintend the surveying of the new county. Surveying was done by Mounce Gore also of Jackson County, and the Assembly instructed them to locate the county seat, to be called "Monticello," near the center of the county. However contending that the formation of Putnam was illegal because it reduced their areas below constitutional limits, Overton and Jackson counties secured an injunction against its continued operation. Putnam officials failed to reply to the complaint, and in the March, 1845 term of the Chancery Court at Livingston, Chancellor Bromfield L. Ridley declared Putnam unconstitutionally established and therefore dissolved. The 1854 act reestablishing Putnam was passed after Representative Henderson M. Clements of Jackson County assured his colleagues that a new survey showed that there was sufficient area to form the county.]

(It is thought that the Gainesboro vicinity was a popular destination for long hunters as early as the 1770s, as natural salt licks drew rich game to the area. Gainesboro was founded in the early 1800s. It has been the seat of Jackson County since 1820.)

In the Book: Putnam County, Tennessee, 1850-1970 (Mary Jean DeLozier, 1979) Mary Delozier says about the area where the Whiteaker's lived:

"With good reason early transients on the plateau called it the Wilderness."

"In 1854 those traveling the Walton Road passed a few farms, those of the Whiteaker’s, Brady’s, and Clarks, where shoots were visible in cornfields and orchards were in bloom."

"Putnam's other river, Falling Water, rises on the escarpment of the plateau and tumbles west into the Caney Fork. Fed by many creeks, Falling Water cuts a deep valley, known as "Welch Hollow," in eastern Putnam county. To the south relatively productive coves and hollows, such as Hunter Cove, Dry Valley, and Broad Valley early attracted a number of settlers, the Bohannons, Clarks, and Whiteaker’s, as well as the Hunters.

On 11 October 1841 William Whiteaker was among the signers that signed a petition to create Putnam County, Tennessee from parts of neighboring counties.

William Whiteaker passed away near Gainesboro, Jackson county, Tennessee on 18 June 1881 as recorded in the Jackson County, Tennessee Death Records Book of Catarrh. Age is stated to be 100 years (although I feel that the age given is doubtful).

His burial site at this time is unknown although some think that he may be buried in the Rocky Point Church Cemetery in Putnam County, Tennessee.

They had the following children:

NATHAN WHITEAKER was born in 1826 in WHITE COUNTY, TENNESSEE. NATHAN married SARAH (BOWMAN?) daughter of (JAMES?) (BOWMAN?) before 1850. SARAH was born about 1820 in TENNESSEE. (May not have had any children.)

SARAH WHITEAKER was born in 1827/1828. She died on 21 Mar 1882. She married Leroy Whiteaker. They had Amanda, Martha, John, William Taylor, James, Mary Elizabeth, and Nancy Jane.

MARK WHITEAKER was born in 1828 in WHITE COUNTY, TENNESSEE. (Never married)

BETTY (ELIZABETH JANE) WHITEAKER was born in Mar 1831/1832. She died in 1909. She married Sampson Jackson “Jack” Howard. They had Edward, Sarah, Sidney Stanton, Rhoda, Harrison, Polly, and Fanny

ANN WHITEAKER was born about 1833. She died about 1869. She married Dudley Hunter. They had John, Nancy, Ova, William Harrison, Daniel B., Nathan, Dudley, and Luella?, Mary? and Martin?

LUCINDA WHITEAKER was born about 1836 in WHITE COUNTY, TENNESSEE. (No further information)

WILLIAM WHITEAKER was born on 25 Jan 1837. He died on 26 Oct 1923. He married Canzada Halcum. Never had any children. But did raise a boy, Henry.

ROBERT WHITEAKER was born about 1838. He married Eliza J. Brazzell and maybe Louisa. They had Haywood, Thomas Douglas, John, Vance Brooke, and Mounce.

GEORGE WHITEAKER was born about 1841 in WHITE COUNTY, TENNESSEE. (No further information)

JOHN WHITEAKER was born on 27 Aug 1845. He died on 28 Jul 1899. He married Sallie Hunter. They had Emma Floyd, Lear, Luke, Laura, Joe, Rolin, Walter Fred, Mary, William Clay, Vina, John Hardin.

POLLY WHITEAKER was born about 1847. She married G.B. Brazzell. They had Maurice?

Case of Polly Brazzel vs Green B. Brazzell

Here is the case of Polly Brazzel vs Green B. Brazzell. Their last name is spelled various ways throughout the record and most of the pages are written in a difficult to read long hand. I've done my best to copy it as it is. The person writing didn't seem to use much punctuation. I left a blank for words that I couldn't figure out. Also made up a glossary of terms at the end since I wasn't familiar with quite a few of the legal terms.

I am not sure whatever became of Polly and G.B. Brazell in later years but they do seem to living as husband and wife in Jackson county Tennessee in 1880 enumerated next to Robert Whitaker and20family. And they seem to have an 11 year old son named Mounce. Green Brazzell is on the 1890 Veteran census but of course it only list veterans.

__________________________________________________________________________________

Green B. Brazel vs Pollie Brazil

Know all men by their presences that we R. V. Brooks and R. M.? Brooks bind ourselves unto Pollie Whitaker in the sum of two hundred and fifty dollars--- for the payment of which we bind ourselves our heirs and joint and several  and firmly by their presents. But to be void if the said R. V. Brooks who has been appointed receiver in the cause of Pollie Brazel vs Green B. Brazel and G. B. Brazel vs Pollie Brazel now pending in Chancery Court at Gainesboro to take possess ion of and safely keep the property mentioned in the cross bill.  ______ one yoke of oxen, one old steer, 5 head of hogs and said G. B. Brazel?s interest in the corn raised the present year by him and Robt Whitaker ---(also thirty bushels of corn--this was crossed out) and all the property attached in the original cause. Now if said receiver shall well and truly perform his trust and abide by and perform the orders of said court in regard to said property these ____. Now to be void else to remain in full force and virtue witness our hand this the

10 th  Nov. 1868

R.V. Brooks (SEAL)

R.M. Brooks (SEAL)

To the Sheriff of Jackson County---Greetings:

Where as Pollie Brazil has this day filed a bill of Complaint in our Honorable Court of Chancery at Gainesboro against: Green B. Brazil, Robt Whitaker and Emory Moore. Praying for relief in the promises and for a writ of attachment to issue  (and where as the Honorable --this was crossed out) which is granted by the Clerk and Master (has issued his fiat commanding the clerk and master of said court to issue a writ of attachment--this was crossed out) according to the prayer of said bill when?  Complainant entering into bond with good security in the sum of two hundre d and fifty dollars which being done.

Now therefore I command you to attach the following described property to wit: one yoke of oxen 4 years old, _______ one odd stear 4 years old of red color, one last springs (horse?) _____ colt a dark sorrel color, one sow and pigs, and seven shoats all this interest of debt Green B. Brazil in the crop of corn in the field raised by him and Robt Whitaker. You will also attach in the _____ of Emory Moore a corn debt of  33 bushels? Of corn which he owes  defendant G.B. Brazil. You will deliver to the plaintiff and be held by her.  And said property when so ( attached unless levied _____ will so secure that the same may be---this is crossed out) subject to the further orders of our said Court in the premises at the next term thereof to be held at the Court House in Gainesboro on the 1st Monday in July 1869. And have you then and there this writ and show how you have executed the same.

Witness: Robt A. Cox, Clerk and Master , of our said court at offices in Gainesboro, the  1st  Monday in Aug 1868 and 93 years of Ameri can Independence.

Robt A. Cox       C & M

William Whitaker is appointed receiver to receive and take charge of the corn debt from defendant Emory Moore defendant Brazel. The sheriff will attach the corn in the hands of said defendant Emory Moore. The other property he will take possession of and deliver to the corn plaintiff and will not collect the debt? Green B. Brazil to replace? the same.

R. A. Cox

We Polly Braswell, John Whitaker and Dudley Hunter bind ourselves unto G.B. Braswell in the sum of two hundred dollars to be used if the said Polly Braswell shall abide by and perform the judgment of the count in relation to the property that was placed into the hands of R. V. Brooks, receiver etc in the cause of Polly Braswell against  Green Braswell  and Green B. Braswell against Polly Braswell bill and cross bill in the Chancery Court  at Gainesboro for divorce, alimony etc which cause a divorce was pronounced at the term of the court in favor of the said Polly and all of said property. Decreed to her from which decree the said Green Braswell prayed and obtained an appeal to the next Term in Superior Court at Nashville and this bond is in _____ to secure the property placed in the hands of said receiver and20ordered into the hands of said Polly by said decree so that it or its value be subject to further order of the court.

 Witness our hand ____ on July 12, 1869

           her

Polly    X  Braswell

           Mark

John Whitaker

A.W. Dewitt

Dudley Hunter

< div style="BORDER-RIGHT: medium none; PADDING-RIGHT: 0in; BORDER-TOP: medium none; PADDING-LEFT: 0in; PADDING-BOTTOM: 1pt; BORDER-LEFT: medium none; PADDING-TOP: 0in; BORDER-BOTTOM: windowtext 1.5pt solid; mso-element: para-border-div">

Know all men by these presents that we William Whitaker and John Whitaker are held and firmly bond unto Green B. Brazil and Emery Moore in the penal sum of seventy (or is it sixty ?) dollars. But the condition of this bond is such that whenever the above bond William Whitaker has this day appointed receiver to take possession of and dispose of thirty bushels of corn of Pollie Brazil against Green Berry Brazil and others now pending in Chancery Court at Gainesboro. Now if the said William Whitaker shall forth fully perform his trust and pay over to the clerk and master under the orders of the court the proceeds of said corn and all things abide by and perform the judgment of the court having cognizance of the cause there this bond be void else to remain in full force and virtue.

Witness our hands and seals this 2nd Nov 1868

Attest

           his

William  X Whiteaker

          Mark

John Whiteaker

------------------------------------------------------------- -----------------------------------------

Polly Braswell vs G. B. Braswell

And                                                                     

G.B. Braswell vs Polly Braswell

Bill and Cross Bill

G. B. Braswell this day came before the undersigned and made oath in due form of loss that owing to his poverty he is not able to bear the expenses of an appeal to the Supreme Court of Tennessee which he has this day prayed from ____ in the above cause this day pronounced in the Chancery Court of Jackson county and that he is justly entitled to the relief sought to the best of his knowledge and  information and belief and subscribed this affidavit before me this 11 day of February 1869.

James Draper

               His

Green B.   X   Braswell

              Mark

0A

_________________________________________________________________________

The answer of Polly Braswell to a answer and cross bill filed by G.B. Braswell to a bill filed against him in the Chancery Court at Gainesboro for divorce and alimony and ect?  by this respondent Polly Braswell.

Respondent saving and reserving to herself the benefit of the usual exceptions to the many errors and falsehood contained in the cross bill of the said G.B. Braswell for answer to so much thereof, as she is advised is material for her answer.

Answer says that the allegations made by the said G.B. Braswell in his cross bill that h e and respondent  lived happily together for something like twelve months after he came home from the army is utterly wholly false, but the truth is that he had not been at home out of the army more than three weeks as respondent now remembers until he comes commenced abusing respondent with abusive language without any cause whatever and in this connection.

Respondent here adopts each and all of the allegations made by her in her original bill in this cause in regard to the abuse given her the said G.B. Braswell whilst she lived with him the first and second times as set forth in said bill. Respondent again states and charges that the said defendant G. B. Braswell did draw the pistol and gun on her as stated by her original bill. Called her a damned bitch etc  strumpet etc . Respondent states that the defendant G. B. Braswell did steal corn from a negro and that more than one time. Respondent saw him steal the corn and brought some to feed the milch cow for respondent to milk and she refused to milk her while she was eating the stolen corn and let the cow go dry before she would milk her under like circumstances and soon thereafter left the said Braswell and has lived with him no more nor will she ever live with him again.

Respondent will here state the facts in regard to the sulphur trip. And Respondent was in bad health and she believed that the use of the sulphur water might be of an advantage to her and she proposed going there and trying the water out. The defendant objected to her going and swore that if she did he never would live with her again but get a divorce. Respondent procured her brother John Whitaker to go to the springs with her and while she was there he said G.B. Braswell came there and staid two or three hours and came back again and offered respondent a dollar, she refused to take it. He did not furnish her any money to pay her expenses.  Respondent will state that the charge was made by the complainant in his cross bill that respondent tried to have the life of the said complainant taken while he was at the springs is as basely false as could be imagined, not one fact or circumstance ever did transpire to create such an opinion and therefore respondent charges that said charge was made willful, corruptly, and premeditatively by the said G.B. Braswell he well known at the time that he made it that the same was wickedly false. Respondent states that the charge made by the said complainant in the cross bill that she took medicines to prevent conception is basely false. Respondent states that the charge made against her in said cross bill by the complainant there in that she had been guilty of adultery or lewdness with one Lorell a pilot on a steamboat, I. N Phillips with divers other men is unconditionally and absolutely false and will here state that she has at no time been guilty of adultery with any person whatever (defies?) the spleen and (unwonantable?) malice of the said complainant in the cross bill to show by respectable proof any such act in her part or any other act of hers that immoral or indecent.

Respondent again adopts her allegations in her original bill and the prayer for divorce, alimony, etc.

Respondent prays the Honorable Court that the property attached in this cause be decreed to her for her support etc  She further states that almost all of said property is exempt from (execution?) and therefore ______to her as she is informed and ______ under the laws of Tennessee---and having fully advised she prays to be dismissed with her (reasonable cost or seasonable coat?)

A.      W. Dewitt

   Solr  for

Respondent

State of Tennessee

Jackson County

This day came Polly Braswell before me in due form of (law?) and made oath that her forgoing answer contains the truth to the best of her knowledge, information, and belief.

Sworn ______ and to before me this the 21st Dec 1868

        her

Polly X Braswell

       Mark

R. A. Cox C & M 

Braswell vs Braswell

Divorce, Alimony, etc

Polly Braswell the complaint in the original bill and defendant in the cross bill---By her Solicitor  insist that she is entitled  to all the property mentioned in the suit, because G.B. Braswell her husband only held said property in trust for her. It being exempt from executor etc.

See 2nd Coldwell/_____28314

Dewitt Solicitor

The answer and cross bill of G. B. Brazel to the bill of complaint of Pollie Brazel filed in the Chancery Court at Gainesboro against him and others.

Respondent saving the benefits and the usual exceptions answers so much of complainants bill as he is advised as material and states first that it is true that he and complainant were married as alledged in her bill---that he was a soldier at the time that they lived quietly together for a time after he came home---he thinks about twelve months. He denies that he ever at any time mistreated complainant as she alleged---but to the contrary he was kind and affectionate to her and treated her as well as his situation in life would permit. Your _____out never cussed or abused complainant at any time and the charge that he drew a pistol and threatened to shoot her is basely false.

The same charge about drawing a gun is also false, nor did ever call complainant liar, damned bitch, strumpet or anything of that kind while he lived with her, nor did he ever accuse her of incontinence or adultery while they lived together. It is true that she began a divorce suit against respondent in 1866, but she did so without any justifiable cause---without any cause at all as there had up to that time been no difficulty between them and he believing that she had been unduly persuaded to leave him and sue for divorce. Agreed again to live with him and they made a mutual compromise  and she dismissed her suit. And the charges of mistreatment after said compromise are false and untrue. And the charge about stealing corn from a Negro is a base and ______ falsehood. _____ and malicious that she made said charge and left him is false.

The facts connected with her leaving respondent last time are these, at her request he sent her to Sulpher Springs in Putnam county to use Sulpher water for the benefit of her health and furnished her money to bear her expenses while there. And respondent made a visit to her while she was out there and for the first time learned that it was her intention to leave him. Respondent is informed and believes that complainant attempted to have his life taken while he was in Putnam county on said visit to her and he has never lived with her since.

Respondent had employed counsel to get a divorce for himself from the complainant before she began this suit against him. And he here charges that she knowing her own guilty conduct and anticipating his cause brought this suit in order to forestall him and _____ from him the hard earnings of his _____ to be distributed am ong her (atomies?) who are the same that brought the other suit for her against him. And after breaking him up let her come back to him It is true that respondent has no real estate and but little person property---admits that is ______ set out in complainants bill but positively denies any intention to dispose of it fraudulently or otherwise. All allegations in complainants bill not ______ admitted are positively denied.  Respondent charges that while he and complainant lived together she was in the habit of taking medicine to prevent conception. And this she did again---his will and earnest remonstrance. Respondent charges that since complainant left him she has been guilty of adultery with one Lovell a pilot on a steamboat called the I. N. Phillips while said boat was landed in Jackson county, Tennessee in the Spring of 1867. and said complainant has been guilty of adultery with divers other men since she left him.

Respondent shows that his property has been attached at the insistence of complainant. And he further charges that the Clerk & Master transferred all legal authority  and ordered the sheriff in the attachment  ______ not to permit your respondent to _____ said property and he further _____that said property has been attached and turned over to the complainant and part to a20receiver illegally appointed by the Clerk. And the complainant has kill one of his best hogs since she got possession of them.

Respondent states that he tendered a bond with good and sufficient security  for his property to the sheriff who refused to accept said bond not on account of its insufficiency but because the Clerk had ordered him not to allow this.

Respondent to replevy his said property. The corn debt spoken of in the complainant's bill is not the property of this respondent. He once held a ____ and said? Moore for 30 bushels corn but had traded it sometime before the commencement of the suit. The premises considered your respondent prays that he be permitted to file this as an answer and cross bill that upon his giving bond and good security in double the amount of the property attached in this cause it will be delivered to him or to a receiver appointed by the court upon his giving bond etc  for? the forth coming of the property or its _____ to abide by and perform the judgment of the court.

And your respondent prays that on final hearing the bonds of matrimony now existing him=2 0and complainant be forever dissolved and that the title to the property attached be deeded to respondent and that he be restored to all the rights and privileges of a single man, and for general relief, and that the sheriff  be ordered to place all of said property in the possession of the respondent or in the possession of a receiver duly appointed by your honor.

W.B. Butler

George C. Morgan

Solicitors for Respondent

State of Tennessee

Jackson county

G.B. Brazel came before me the undersigned and made oath in the form of the law that facts stated in the forgoing answer and cross bill are true to the best of his knowledge, information, and belief. And this complaint is not made out of levity or by collusion with the complainant but in sincerity and truth for the cause mentioned in the cross bill.

      his

G.B. X  Brazil

      Mark

A.      McClain

     Judge to the Circuit

Sworn to and subscribed before me this November the 10th 1868

                     

AT CHAMBERS

The forgoing answer (intended?) to be filed as a cross bill has been presented this day to me an order appointing a receiver in the matters referred to in said cross bill and it it is being considered by me that it presents a proper case for a receiver and the facts set forth are also such as to dispense with the _____ of notice to the opposite party and it being suggested that R.V. Brooks is a suitable person to act as receiver it is therefore ordered that the said R. V. Brooks  be appointed receiver according to the prayer of the said cross bill and that he take into processi on all the property referred to in the said cross bill in _______ and safely keep the same subject to the orders of the Chancery Court and that he make report of his doings in the premises to the next term of the said court. It is further ordered that said Brooks if the Clerk & Master shall consider that the security of the interest of the parties require take from said Brooks ______ with sufficient security in the sum of two hundred and fifty dollars conditional to abide by and perform the decrees of the court in the premises.

10th nov 1868

A.      McClain

Judge to the Circuit

State of Tennessee

Jackson County

To the Sheriff of Jackson County

You are here by commanded to summon G.B. Brazil,  W. R. Kenner, G.C. Gorden, Dudley Hunter, Robert Whitaker, Isaac Gore, (Leona ?)Gore, John Dennis, William Dennis, Margaret Dennis, Ann Lee, Josie Lee, Eliza Whitaker, William Blankenship, and his wife (Sallie?) to appear at the Chancery Court of Jackson county at Gainesboro on the 1st Monday in February next to give their evidence in behalf of the defendant (on the 1st Thurs of said court?) in the case pending in said Court

Whereas Polly Brazil is Plaintiff in original bill and G. B. Brazil is defendant and G.B.Brazil is plaintiff  and Polley brazil is defendant in cross bill and this they shall no wise under penalty prescribed by law fail not and have you then there this writ this 1st Monday in August 1868.

R.A. Cox C & M

Polly Brazell vs G.B. Brazell

In the cause of G.B. Brazell makes with an oath that he can not go safely to trial today on account of the absent of Wm Whitaker whose testimony is material in this cause and said witness has been summoned and he is informed that he is quite unwell and unable to attend court affiant cannot prove the same facts that he expects to prove by said witness as fully by any other _____ _____ _____and he is informed that they are material to his defense.  He is not absent by his consent or procurement of affiant and affiant thinks he can have his deposition if the cause is continued till some time toward the last of next week. Affiant states that there are other witnesses important to him in this cause who have not been summoned but that the failure to have them summoned is not his fault as he got a subpoena for them some time ago and thought that it had been executed until the sheriff informed him otherwise today. Affiant thinks that he can have them all here by next Thursday or Friday, therefore he ask a continuance until Thurs for justice and not for delay and subscribed this affidavit before me this 5 February 1869.

R. A. Cox

      His

G. B.  X  Brazell

      Mark

____________________________________________________________________

Polly Braswell vs G.B. Braswell  (BILL)

And

G.B. Braswell vs Polly Braswell (CROSS BILL)

In the Chancery Court of Jackson county at Gainesboro

The deposition of William Whitaker Sr. a witness for G.B. Braswell , taken by order of the court upon _____ at the house of William Whitaker in District number 1 of said county, on Apr? 8 ---Aug 8? _____=2 0of February in the presence of G.B. Braswell attorney and Polly Braswell and her attorney.

Said witness, aged 70 years, being duly sworn (responds?) as follows:

Question 1

Are you acquainted with G.B and Polly Braswell, parties to this suit.

If you ever knew of said Polly Braswell being guilty of improper intimacy with any other man since her marriage with G.B. Braswell, state who it was, and all that you may know about it.

Answer

I am.

I never did.

Cross examine by complainants counselor 

Question 1

State whether you know Polly Brazel and if so is it good or bad and has she not always sustained a good character as a discrete, virtuous and chaste woman.

Answer

I am acquainted with the general character of Polly Brazzle. Her character has always been good.

           his

William  X  Whitaker   

           Mark

J. L.(Yahanay?)

Bill of Exceptions

The complainant Polly Braswell introduced the following evidences.

Mrs. Olive Gentry being duly sworn testified as follows:

I am acquainted with the parties in the suit. Mrs. Braswell is subject to fainting spells. Saw her just recovering from one of them, was washing the blood off of her face. The husband came in. She told him that she would not have left him so long if he had been sick, (wherefore he cursed h er----this is marked out) that she would go back to her fathers. Cursed her (his wife) wishing she would go, said he did not give a damn even if she did not come back. I live in a mile and a half of her. Never heard anything wrong of her. Am acquainted with her general character. It is good.

Cross  examination

Witness stated she did not know how long ago it was that the forgoing occurrence took place was several years ago. They afterwards separated and then lived together again. The cursing before spoken of by witness was before the first separation.

Sallie Hunter duly sworn testified

 that at the house of the complainant and defendant once! Saw defendant G.B. Braswell draw a pistol on his wife. Know her general character. It is good. This was when they lived on Lock's farm and after first separation.

Cross Examination

I was under her floor catching chickens, come up from under and saw him with a pistol in his hand cocked. His wife  caught it. Don't know whether he threatened her or not. I run out of the house. They lived together friendly afterwards. I saw her on a flatboat once with a Mr. Lovell. There were others on the boat at the time. We all went to see the boat, all went on together, stayed and came away together. Never saw any improper conduct between Mrs. Braswell and Lovell.

Fannie Allen

---sworn---testified

I have heard G. B. Braswell curse his wife and use indecent language about her. Heard him say if she was to have a child he would not be its father. Have known her ever since she was two years old. Have always regarded her as a respectable woman.

Cross examined--- the man Lovell had a flat boat about a half mile from old man Whitaker's, the place where Polly Braswell was living. Saw Lovell one day at Whitaker's. Polly was in the kitchen. Lovell went out _____. Old man Whitaker sent out for Polly to come into th e house. She did not come. Lovell left about that time.

Maggie Lee

---sworn- testified

I am acquainted with the parties. Saw Polly Braswell and the man Lovell sitting together on the hand railing ot the steamboat I.N. Phillips. Saw nothing improper between them. There were others present.

Cross examination elected -----nothing

Sallie Sweezea

---sworn-testified

I lives with Mr. Braswell on Lock's farm after they got together the second time. Saw him draw a gun on her and heard him threaten to shoot her. Martha Settle was there.  We lived in one house and they in theres then I stood in the door and saw him go in to the house. Could not see what he did after he went into the house, but heard him curse and threaten to shoot her.

Cross examine:

I don't know what it was after they had got together the second time, but heard that it was. Brazel drew the gun on her and said he would kill her and that he would not live with her, I am not certain which. They afterwards went of together friendly.

Re ex.

Said he would shoot her and not live with her.

Martha Suttle

---sworn ---testified

Was present at the time spoken of by Sallie Sweezea. Saw Braswell draw the gun on his wife. Heard him curse and abuse her and threaten to kill her.

Cross examine

Don't recollect when it was. I was in Sallie Sweezea _______. It was not next to Braswells house.  Heard him cursing her. (they afterwards got friendly and ----this is crossed out) went off (returning ---this is crossed out) several days afterwards to the springs.

John W. Nudders

----I am acquainted with the parties---Have hears Braswell abuse his wife. Know her character. It is good. Have known her from a small child. Never heard anything against her. Lived within ¾ mile of them after they had got together a second time---heard at that time they lived on the lock farm. It was after they had gotten together the second time.

Wm Gentry

---I am acquainted with the parties. Heard him curse his wife. Her character is good.

Cross examine

I was at Polly's fathers (house?) she came there. She was living there at the time. It was since the separation. Polly said that she had been to Mrs. Hunters house about some ______. That she had her fortune told. What her fortune teller said ' she was to marry twice '  Mrs. Hunter  _____ _____ _____ ______ _____ ______ _____ (crossed out can not read) Witness further stated that he knew Polly had employed Mrs. Hunter to weave a piece of cloth for her  Witness had saw it.

R.A. Cox

Have known the lady from a little child--- her character ids good----I never heard anything again st it except this _____ _____ and G.B. Brazel is said to be the author of it.

William Whitaker deposed it as fallacious (indent?) his deposition.

B.B. Washburn

What he knows of her character it is good---is not fully acquainted with it.

                                               

                                                     DEFENSE

Jossie Lee

 --- knows Mrs. Brazel---does not know anything about the alleged _______ of Lovell. Had no conversation with Mrs. Brazel about it.  Have never carried an improper message from Mrs. Brazel to anyone.

John Dennis

----Have never seen her but once or twice with a Mr. Gentry.  He had his arm around her waist and (neck?).

Cross examine

At my house ---or in the road ---as he left my house toward Mrs. Jarmans seemed to be all in a prank. Character good.

Re examine

Saw it open---(this is marked out and can not read) Doesn't know if it was in fun or not. Thought  it was a joke as he (Gentry), called to me to look at it.

Isaac Jones

Am acquainted with Mrs. Braswell. Saw her and Lovell together on the Steamboat.

Cross examine

Saw nothing improper between them. Know her character. It is good so far as I know.

Mrs. Jarman

----sworn---testified

I am acquainted with Polly Braswell. Saw her a nd Bill Gentry at (any?) house once. He was lying on the bed and she was leaning against it by _____. They were talking to each other. Saw or heard nothing improper.

Cross examine

Polly is, so far as I know a nice creditable  lady.

Elizabeth Jarman

---sworn-testifies

I saw Mrs. Braswell talking with Bill Gentry. He was lying across the bed. She was leaning against it. Saw her in company with Lovell on the steamship but it was in company with others. Saw nothing improper.

Mrs. Dennis

---Sworn---testified

I am acquainted with Mrs. Braswell. Saw her walking along the road with Bill Gentry.

Cross examine

She is a nice prudent lady as far as I know.

 

Dudley Hunter

I saw the man Lovell and Mrs. Braswell together on a little flat boat. Saw Lovell with his hand upon her (chin?). She did not seem to be indignant or if she was I did not notice it. I am her brother-in-law----married her sister. Others were on the boat. Don't know whether they saw Lovell and Mrs. Braswell in the fractious I saw them or not. I went on out of the boat and Mrs. Braswell (followed?). she said nothing about the occurrence.

Cross examine

She is a nice prudent lady as far as I know.

Others were present on the flatboat but don't know whether they were present and saw Lovell with his hand upon Polly or not.

Margaritt Dennis

---sworn---states

I know Mrs. Braswell. Saw Bill Gentry walking with her and Barbary Jarman. He put his arms around their waist. Barbary pulled loose---Polly did not that I noticed. Gentry had her hat on and she had Gentrys.

Witness=2 0is acquainted with the general character of Polly which is good.

Barbary Jarman

---sworn---states

I am acquainted with Mrs. Braswell. Bill Gentry was walking along the road once with her and myself. Put his hat on Pollys head and Pollys hat on his head.

=0 A

Put his arms around her and my waist. I pulled loose and run off. Polly walked on that way. I did not look to see how far they walked.

The forgoing evidence as carefully compiled with its notes, the evidence taken by me is all the evidence that was taken in the case.

To the Chancellor of the Chancery Court of Jackson county presiding at Gainesboro, the Bill of Complainant Polly Braswell a citizen of Jackson county, Tenn against Green Berry Brazel, Robert Whitaker, and emery Moore citizens of said county and state.

Complaining your oratrix would respectfully represent and show unto your Honor that she and defendant Green B. Brazil intermarried in Jackson county Tennessee about the BLANK day of March 1865

---defendant Green B. Brazel was at the time of their marriage a soldier and consequently they were not together a great deal for some time---after his term of service expired they went to house keeping---and got along tolerable well for a short time. She flattered herself thus. She had before her conjugal felicity. But in this _____ hope she was also ______a disappointment.  Her said husband in a very short time commenced a cause of cruel and inhuman treatment towards her that rendered her cond ition intolerable he cursed and abused your oratrix and threatened to shoot her drew a pistol on her and threatened to shoot her. At another time he got a gun and swore he would kill her.  He would call her a liar---damned  bitch, and strumpet and falsely accused her of being guilty of adultery and offered other indignities to her which forced her to withdraw from his society which she first did the ___ day September 1866. When she filed her petition in the circuit court of Jackson county for divorce. Saw defendant come to her and persuade her to dismiss her suit promising that he would do better and treat her properly and believing his false and deceptive promises she did dismiss her suit and again attempted to live with him. But again she lives doomed to disappointment. Said defendant again commenced the same course of abusive, cruel, and inhumane treatment. He threatened to shoot her, cursed her, and abused he calling her a strumpet etc and treated her worst than the first time. She bore with him for some time _____ until the later part of January 1867---when she caught him stealing corn from a Negro. She then told him she could no longer bear the abuse and indignities of a Rogue and again withdrew herself from his society and returned to her parents with whom she has ever since been living. She and defendant have no living issue. Said defendant Brazil have no real estate and but little if any personal property.20Subject to execution: she states that he now has in his possession the following articles of property to wit one yolk of oxen, one odd steer, one sow and pigs and seven shoats , one _____, two thirds or three fourths of about two acres of corn after paying rent which he and defendant Robert Whitaker made cropping together which is still standing in the field and one last springs colt defendant Emery Moore owes said defendant Brazil a corn debt of thirty-two or thirty-three bushels of corn.

This is the sum of his property. She is in possession of a few articles of household goods.

Your oratrix is advised that said property is exempt from execution under the law of Tennessee and that she is by law entitled to same for her support.

Your oratrix charges that said defendant is about to fraudulently dispose of his said property and unless prevented he will so dispose of the same as to defeat your oratix recovering the same.

In the tender consideration of the premises your oratrix prays that those who are named as such in the _____ be made defendant to this bill _____ copy (in?) subpoena _____ and grant that a writ of attachment (issued?) to the end that said property be attached and held subject to the further orders of the court let said corn debt be attached in the hands of the defendant Emery Moore. Let defendant Brazil make full true and perfect answer on oath to each and every allegation contained in this bill. Let said defendant Robert Whitaker on oath the interest which defendant Brazil has in said corn crop. Let defendant Emery Moore answer and say how much he is indebted to defendant Brazil _____ on a _____ hearing. Your oratrix prays for a divorce from the bonds of matrimony and that said property after paying the cost and expenses of this suit be decreed to her. She prays for a Receiv er to be appointed to take charge of said thirty odd bushels of corn from debt from Emery Moore and defendant Brazil and she ask said receiver that he be empowered to sell the same in order to pat the cost and expenses of this suit and she suggest that her brother William Whitaker is a proper person to be appointed receiver. She prays that the other property when attached be delivered to her. And she prays for general relief and that her name be changed back to Whitaker her maiden name. This is the first application for writs of attachments in this case.

A.W. Dewitt

Solicitor for complainant

State of Tennessee

Jackson county

Pollie Brazil the forgoing (married?) defendant came before me Robt A. Cox Clerk and Master of the Chancery Court at Gainesboro in due form that the statements contained in her forgoing bill are true to the best of her knowledge, information, and belief that the complainant is not made out of levity or by collusion with the defendant but in sincerity and truth for the causes mentioned in the bill and subscribed to in my presence this affidavit this 2nd day of November 1868.

       Her

Pollie X Brazil

       Mark

R.A.cox C&M 

Clerk and Master office Gainesboro Nov 2, 1868

A writ of attachment is granted by me as can _____ to the prayer of the forgoing Bill upon complainant entering into bond and security in the sum of two hundred fifty dollars conditions as the law directs this the 2nd day of November 1868.

R.A. cox C & M

I hear by appoint William Whitaker the receiver to receive from defendant the corn spoken of in this forgoing bill.

Which is due the defendant Green B. Brazil and prepares the _____ for market and sell the same corn _____ for cash at the best available price and he will pay the proceeds over to me to be held subject to the further orders of the court this the 2nd day of November 1868

R.A.Cox C & M

To the Honorable W.W. Wade Chancellor of the 5th Chancery Division of the State of Tennessee at Gainesboro Jackson County in said state:

The Bill of Complaint of G.B Brazeil a citizen of Jackson County Tennessee against Pollie Brazeil of the same residence. Your orator would respectfully state and show your Honor that he and the defendant Pollie Brazeil were intermarried in Jackson county on the 1st of March 1864 and that they have lived together as husband and wife most of the time but not peaceably and happily as man and wife should but no fault on the part of your orator. He states that he has at all times been to her a kind and dutiful husband and provided for her all the necessities of life that as a man of limited means was able to provide. He states that he is a poor man and has been for years afflicted with a disease of the lungs which affliction came upon him shortly after this marriage. He states that she has been guilty of divers lewd acts of adultery with one Berry Coomer and probably others. He states that the conduct of the defendant and the said Coomer got to be _____ public and notorious in the neighborhood so much so that they were the subject of conversations of the good people. They were also noticeable even at church. That she has left the community and gone to Nashville, Tennessee to live with one Logan Dennis whose wife Mag Dennis formerly Mag Moton is a woman of lurid character both before and since her marriage with said Logan Dennis and the defendant Well know. She has been gone about ten days. He states and charges that the defendant is even now under going constant acts of adultery with parties to numerous to mention. He charges that they have no living children as the issue of said marriage. He charges that his character is good on the subject of lewdness etc. He states that they have resided in this state for more than two whole years next before the filing this Bill.

In tender considerations of the premises may it please your Honor to grant that Pollie Brazziel be made defendant to the Bill. Let _____ proper process _____ to bring her before the court to the evil that she full (true?) and perfect answer make to all and _____(can?) the allegations in this Bill contained and ______ a final hearing. He prays that the bonds of matrimony now and heretofore subsisting between your orator and the defendant be dissolved for nothing held and that he be restored  to all the rights of a single man and that _____ be rendered accordingly and for general relief in the premises and as is duly bound he will ever pray etc.

Nathan M. Cox 

Solicitor for complainant 

 

 ___________________________________________________________________

State of Tennessee

Jackson county

Personally appeared before me the undersigned and made oath in the form of law that the allegations in the forgoing Bill are true to the best of his knowledge, information, and belief and that this complaint is not made out of levity or by collusion with the defendant but in sincerity for the redress sought, and that owing to his poverty he is unable to bear the expenses of this suit and that he is entitled to the relief in the statues made and provided for the poor persons.

Sworn and subscribed before me this January 12, 1889

H. W. Williams

       His

G.B. X  Brazel

       Mark

State of Tennessee

Jackson county

To the Sheriff of said county

You are here by commanded to summon Polley Brazel to appear before me (in) the Chancery Court for Jackson county. To be held on the first  Monday in February 1869 to answer a Cross Bill filed in our court by G.B. Brazel against Polley Brazel. Fail not and have you then there this writ.

R.A. Cox Clerk and Master of our court and office this 1st Monday of August 1868

R. A. Cox C & M

By James Draper

State of Tennessee

Jackson county

To the Sheriff of said county

You are hereby commanded to summon Barb Jarman to appear before the Chancery Court at Gainesboro in session to give evidence in behalf of the defendant in the suit of Polley Brazel against G.B. Brazel. Fail not and have you these here this writ.

Witness

R.A. Cox C & M

This February 1869

R.A. Cox C & M

State of Tennessee

Jackson county

To the Sheriff of said county Greeting

You are hereby commanded to summon Sallie Hunter, Martha Suttle (color) and John W ______ , Sallie Sweezea, John Whitaker, Dudley hunter, Margaret Lee, Olive Gentry, Francis Allen, and William gentry personally to appear  (the clerk and master ---this is crossed out) the Chancery Court at (his office---this is crossed out) the court house in Gainesboro ( ____ ____ ____ ____ ___ ----can not read) on the 5th day of February 1868 to testify to the truth to speak in behalf of the complainant in a certain matter of controversy in said court wherein Pollie Brazel is defendant: and they shall in no wise omit, under the penalty of one hundred and twenty-five dollars each. Here in and fail not, and have you then and there this writ.

Witness R,A. Cox Clerk and Master of our said Chancery Court, at office, this the first Monday in august 1868

R.A. Cox C & M

Know all men by these presents that we Green B. Brazil, W. B. Butter, G. H. Morgan are held and firmly bond unto Pollie Brazel in the sum of two hundred and fifty dollars for the payment of which we bond ourselves, our heirs, and representatives jointly and severally and firmly by these presents witness our hands and seals this day the 10th day of Nov 1868 but to be void if the said Green B. Brazel shall successfully prosecute cross bill which he has filed in Chancery Court at Gainesboro against the same Polly Brazel and also pay all court cost which shall be (adjusted?) against him in the cause either by interlocutory or final decree otherwise to remain in full force and virtue.

G.B. Br azel      SEAL

G.W Morgan     SEAL

W.B. Butter       SEAL

State of Tennessee

Jackson county

To the Sheriff of said county

You are herby commanded to summon Green B. Brazel, Robert Whitaker, and Emery Moore to appear before the _____ Chancery Court for Jackson County on the 1st Monday in February 1869 then and there to answer a bill filed by Polley Brazel against Green B. Brazel, Robert Whitaker, and Emery Moore in our Chancery Court. Fail not this and have you then there this writ.

Witness R.A. Cox C & M

the 1st Monday August 1868

                                                       INJUCTION BOND

Know all men by these presence that we Pollie Brazil and Wm Whitaker are held and firmly bound unto Green B. Brazel and Robert Whitaker.

In the penal sum of two hundred and fifty dollars for the payment which we bind ourselves, our heirs, and representatives, jointly, severally, and firmly by these presences. Witness=2 0our hand and seal this 2nd day of Nov 1868. But to be void if the above bound Pollie Brazil shall prosecute with effect a bill of complaint which she has this day filed in the Chancery court of Jackson County Tennessee at Gainesboro against the said Green B. Brazil and others as well as show good cause for suing out a writ of attachment in said cause or in case of failure abide by and perform the judgment of the court in the premises and also pay any judgment which may be hereafter recovered against them for wrongful suing out said writ of attachment otherwise to be and remain in full force and virtue.

Clerk

R. A. Cox C & M

        Her

Pollie  X &n bsp; Brazil

         Mark

        His

Wm    X Whitaker

       Mark

                                                     PROSECUTION BOND

Know all men that these presence that we Pollie Brazil and Wm Whitaker are held and firmly bound unto Green B. Brazel and Robert Whitaker in the penal sum of two hundred and fifty dollars for the payment which we bind ourselves, our heirs, and representatives jointly and severally and firmly by these presence. But to be void if the above bound Pollie Whitaker shall prosecute with effect a bill of complaint which she this day has filed in the Chancery Court of Jackson county, Tennessee at Gainesboro against said Green B. Brazil and others incident to said failure otherwise to remain in full force and Witness my hands and seal this 2nd day of Nov 1868

 

R.A. Cox  C & M

        Her

Polly  X  Brazil

        Mark

       His

Wm   X   Whitaker

       Mark

____________________________________________________________________

In the name of the state of Tennessee

To the Sheriff of Jackson County

Whereas Green B. Brazil has this day filed his Cross Bill of Complaint in the cause of Pollie Brazil against Green B. Brazil now pending in Chancery court at Gainesboro and whereas the Honorable A. McClain has issued his fiat appointing R.V. Brooks receiver to take charge of and keep the property heretofore attached in this suit and placed in the hands of complainant Pollie Brazil.  Now therefore I command you to take possession of said property and deliver the same to the possession of the said R.V. Brooks receiver aforesaid he having taken the oath and given bond as required by law.

Witness R.A. Cox

Clerk and Master of said court at the office in Gainesboro the 10th day of November 1868

R.A. Cox

GLOSSARY

Affiant---a person who signs an affidavit and swears to its truth before a notary public or some person authorized to take oaths, like a County Clerk.

ATTACHMENT---1. A taking of the person, goods or estate by a writ or precept in a civil action, to secure a debt or demand. 2. A writ directing the person or estate of a person to be taken, to secure his appearance before a court. In England, the first notice to appear in court is by summons; and if the defendant disobeys this monition, a writ of attachment issues, commanding the sheriff to attach him, by taking gage, or=2 0security in goods, which he forfeits by non-appearance, or by making him find safe pledges or sureties for his appearance. But in trespasses, an attachment is more generally the first process, and in some states, the writ of attachment issues at first against the property or person of the defendant. In Connecticut, this writ issues against the person, goods or land, in the first instance, commanding to take the goods and estate of the defendant, if to be found; or otherwise, to take his body. In England, witnesses not appearing upon a summons, may be taken by attachment; a process called with us a capias. Attachments also issue against persons for contempt of court. The court of attachments, in England, is held before the verderors of the forest, to attach and try offenders against vert and vension.  Foreign attachment is the taking of the money or goods of a debtor in the hands of a stranger; as when the debtor is not within the jurisdiction of the court or has absconded. Any person who has goods or effects of a debtor, is considered in law as the agent, attorney, factor or trustee of the debtor; and an attachment served on such person binds the property in his hands to respond the judgment against the debtor. 3. Close adherence or affection; fidelity; regard; any passion or affection that binds a person; as, an attachment to a friend, or to a party.

AVOWANT--- The defendant in replevin, who avows the distress of the goods, and justifies the taking.

BOND: In law, an obligation or deed by which a person binds himself, his heirs, executors, and administrators, to pay a certain sum, on or before a future day appointed. This is a single bond. But usually a condition is added, that ;if the obligor shall do a certain act, or pay a certain sum of money, on or before a time specified, the obligation shall be void; otherwise it shall remain in full force. If the condition is not performed, the bond becomes forfeited, and the obligor and his heirs are liable to the payment of the whole sum.

Clerk and Master ---The clerk and Master of Jackson county, Tennessee prepares and files all records of Chancery Court, . This office also prepares dockets, collects delinquent property taxes, child support s payments and handles all probate transactions. This office is appointed by the Chancellor every 6 years. The office is located on the first floor of the Courthouse.

COGNIZANCE---1. Judicial notice or knowledge; the hearing, trying and determining of a cause or action in court. 2. Jurisdiction, or right to try and determine causes. 3. In law, an acknowledgment or confession; as in fines, the acknowledgment of the cognizor or deforciant, that the right to the land in question is in the plaintiff or cognizee, by gift or otherwise; in replevin, the acknowledgment of the defendant, that he took the goods, but alledging that he did it legally as the bailiff of another person who had a right to distrain

COMPLAINANT, n.  A prosecutor; one who prosecutes by complaint, or commences a legal process against an offender for the recovery of a right or penalty.

Court of Chancery was one of the courts of equity in England and Wales. The High Court of Chancery was the court that developed from the Lord Chancellor's jurisdiction. Unlike the common law courts, which were rigidly based on precedent, the Lord Chancellor had jurisdiction to determine cases, on behalf of the King, according to equity or fairness rather than according to the strict letter of the law. Gradually the rules of equity also became codified, but they preserve important innovations, such as mandatory orders and injunctions, trusts, etc. See equity.

The High Court of Chancery was merged with the common law courts in 1873, and common law judges given the power to administer equi ty. In other common law jurisdictions most states either (1) abolished chancery courts and merged the powers of the courts of equity with the common law courts, thus making it possible for one to seek equitable relief at the same time as legal relief or (2) made the equitable jurisdiction the responsibility of a separate chancery division of the court of general jurisdiction. However, four American states (Arkansas, Delaware, Mississippi, and Tennessee), chose to retain completely separate Courts of Chancery. Judges who sit on such courts are called Chancellors.

One important distinction between these courts (at least in the United States, where juries still commonly hear civil cases) is that generally a jury trial is not possible in equitable actions as only a judge can dispense equity; a jury, while it can answer questions of fact, has no power to answer questions that involve interpretation of the law. Another important distinction is that the law of equity i s a set of principles that are based upon the discretion of the judge interpreting them.

cross bill

: an equitable bill by which a party to a suit can bring a claim against any other party

NOTE: Under Federal Rule of Civil Procedure 13, cross bills are replaced by counterclaims and cross-claims.

Webster's 1828 Dictionary

CROSS-BILL, n. In chancery, an original bill by which the defendant prays relief against the plaintiff.

Cross action (Law), an ac tion brought by a party who is sued against the person who has sued him, upon the same subject matter, as upon the same contract. --Burrill.

Deposed--- [Middle English, from Medieval Latin deponere, from Late Latin] : to testify to under oath or by affidavit

DISTRAINING---Seizing for debt, or for neglect of suit and service

DIVERS---Several; sundry; more than one, but not a great number

EXECUTION---In law, the carrying into effect a sentence or judgment of court; the last act of the law in completing the process by which justice is to be done, by which the possession20of land or debt, damages or cost, is obtained, or by which judicial punishment is inflicted.

FALLACIOUS---Deceptive; deceiving; deceitful; wearing a false appearance; misleading; producing error or mistake; sophistical; applied to things only; as a fallacious argument or proposition; a fallacious appearance.

Flatboat---a boat with a flat bottom and square ends used for transportation of bulky freight especially in shallow waters, or inland water ways, or rivers.

FRACTIOUS---Apt to break out into a passion; apt to quarrel; cross; snappish; as a fractious man.

HERETOFORE---In times before the present; formerly.

INJUNCTION---In law, a writ or order of the court of chancery, directed to an inferior court, or to parties and their counsel, directing them to stay proceedings, or to do some act, as to put the plaintiff in possession for want of the defendant's appearance, to stay waste or other injury, &c. When the reason for granting an injunction ceases, the injunction is dissolved.

injunction bond---a bond required to be given by the applicant for an injunction to cover costs and damages incurred by a party found to have been wrongfully enjoined

INTERLOCUTORY--- In law, intermediate; not final or definitive. An order, sentence, decree or judgment, given in an intermediate stage of a cause, or on some intermediate question before the final decision, is called interlocutory; as a decree in chancery referring a question of fact to a court of law, or a judgment on default in a court of law.

INTERMARRIED---Mutually connected by marriage.

Joint and several (Law), a phrase signifying that the debt, credit, obligation, etc., to which it is applied is held in such a way that the parties in interest are engaged both together and individually thus a joint and several debt is one for which all the debtors may be sued together or either of them individually.

milch

 (of a domestic mammal) giving or kept for milk. ORIGIN from Old English -milce in thrimilce May (when cows could be milked three times a day).

ORATRIX--- A female orator.

Orator---In chancery, a petitioner. A woman plaintiff, or complainant, in equity

pleading.

PENAL--- Enacting punishment; denouncing the punishment of offenses; as a penal law or statute; the penal code. Penal statutes must be construed strictly or  Incurring punishment; subject to a penalty; as a penal act of offense.

PRAYER---That part of a memorial or petition to a public body, which specifies the request or thing desired to be done or granted, as distinct from the recital of facts or reasons for the grant. We say, the prayer of the petition is that the petitioner may be discharged from arrest.

The specific request for judgment, relief and/or damages at the conclusion of a complaint or petition . A typical prayer would read: "The plaintiff prays for 1) special damages in the sum of $100; 2) general damages according to proof [proved in trial]; 3) reasonable attorney's fees; 4) costs of suit; and 5) such other and further relief as the court shall deem proper." A prayer gives the judge an idea of what is sought, and may become the basis of a judgment if the defendant defaults (fails to file an answer).

Prays---To pray in aid, in law, is to call in for help one who has interest in the cause;  to formally request judicial judgment, relief and/or damages at the end of a complaint or petition.

Primeses---In law, land or other things mentioned in the preceding part of a deed.

REPLEVY---To take back, by a writ for that purpose cattle or goods that have been distrained, upon giving security to try the right of distraining in a suit at law, and if that should be determined against the plaintiff, to return the cattle or goods into the hands of the distrainor. In this case, the person whose goods are distrained becomes the plaintiff, and the person distraining the defendant or avowant

RESPONDENT, n. One that answers in a suit, particularly a chancery suit.

SHOAT---a young hog usually less than one year old;  a young pig that has recently been weaned.

Strumpet : adulteress, fornicatress, hussy, jade, loose woman, a harlot,  trollop -- (a woman adulterer)

0D

To Wit--- It's a shortened form of that is to wit meaning "that is to know; that is to say; namely", from the English verb wit "to know".

WRIT--- In law, precept issued from the proper authority to the sheriff, his deputy or other subordinate officer, commanding him to perform some act, as to summon a defendant into court to answer, and the like. In England, writs are issued from some court under seal. In some of the United States, writs are issued by any single judge or justice of the peace, in the name and by the authority of the senate. In some of the United States, the writ in a civil suit, contains both the summons and the plaintiffs declaration or cause of action set forth at large, and a writ is either a summons or an attachment. Writs are original or judicial. An original writ, in England, is issued from the high court of chancery. A judicial writ is issued by order of a court upon a special occasion, during the pendency of the suit. Writs are of various kinds; as writs of assize; writs of capias; writs of distringas, &c.