Jas. C. Epps Adm. and Guard ad Litem  Pro Connfesso vs   Hugh M Epps et al         

Chancery Court Tenn.  August  1867       

In this cause it appearing that the minor Defendants to wit Margaret Ann, Mary Panter. Mary and Sarah Pruitt children of Larry Pruitt dec. and a child, name unknown, of John Panter dec., have no regular Guardian, it is ordered by the Court That Charles C. McKinney be appointed Guardian ad Litum to answer for the same—

And further appearing that publication had been made in the “Lincoln County News” a news paper published in the Town of Fayetteville for four weeks in succession preceding the present Term of Court requiring the non resident Defendants, Wm Panter, Gilbert Epps, Elizabeth Cole, John Cole, Malinda Panter, Larry Panter, Mahala Causley, Wesley Causly and Nancy Panter to please answer on _?_ to Complainant bill at the present term of the Court, and having failed so to do within the finish _?_ days of the term, it is then fore ordered adjudged and decreed that said bill be taken for confessed And set for hearing expart, as to them

Filed February 1st 1868 before R. Farquhason Clerk & Master Chancery Court of Lincoln County
To The Honorable John P. Steele Chancellor and presiding at Fayetteville, Lincoln County, Tennessee.
The amended Bill of James C. Epps to a Bill heretofore filed The Honorable Court

Your Complainant James C. Epps a citizen of Lincoln County, Tennessee would show unto your Honor. That Lawrence Epps, late of said County and State, departed this life about the month of June 1861, Intestate, leaving him surviving no widow, but the following children and grandchildren–Hu M. who resides in Lincoln County, Tennessee, Margaret J. who intermarried with Thos. Cummings, who died before intestate, she residing in said County of Lincoln, but not made a Defendant, Gilbert, who resides in Mississippi, James C. your Complainant, Hepsey, who married William Panter, she having died about 15 year ago, leaving following children–Elizabeth who intermarried with John Cole, Malinda who intermarried with ______ name not known, John who died leaving one child, a minor, whose name is unknown, Larry, Mahala who intermarried with Wesley Causby, Nancy, Margaret, a minor and Mary Painter, a minor, all residing in Arkansas, Mahala who intermarried with James Pruitt, she having died about 30 years ago, leaving two children, to wit, Mary who intermarried with B. F. Harkins, who resides in Lincoln County, Tennessee, and Larry, who died in 1865, leaving two children Mary and Sarah Pruitt, minors, residing in Bedford County, Tennessee and have no regular guardian, known to Complainant.
Pleasant Epps, who died about 15 years ago, leaving one child, Wm. Epps of full age, residing in said County of Lincoln, but he is not made a Defendant. Intestate had another son who removed to Texas and has not been heard from in 15 years, and supposed to be dead–he left no children surviving.
The foregoing are the only children and grandchildren and heirs at law of said intestate, known to Complainant.
Complainant would now show unto your Honor, as shown in Bill of which this is an amendment That he was duly qualified as Admr. of intestate as set forth in said original Bill.
Your Complainant would show That said Bill was filed for the sale of a tract of land. The boundaries of which Tract of land are minutly set forth in said original Bill and for the payment of debts of intestate, and for a distribution of the remainder of the proceeds of said lands to the several heirs entitled to the same.
In addition to the facts set forth in said Original Bill, Complainant would show unto your Honor. That in the year 1864 your Complainant as admr. of said intestate endeavored to rent said Tract of Land, but owning to the unsettled state of the County he failed to rent the same. That in the year 1865 the said Tract of Land being very much abused. The fences destroyed, and the dwelling and out houses being in a dilapidated condition. Complainant moved on said place, and has remained on the same up to the present time.
Complainant would now show unto your Honor. That he has made valuable improvements on said place. That at great trouble and expense he has built a kitchen, repaired the dwelling houses and stables and has repaired and rebuilt fences that were destroyed during the late war. in fact Complainant has, out of his own means and labor, placed said Tract of Land in good farming condition, which before was in a situation that rendered it entirely useless.
Complainant would show unto your Honor that his expenditures, improvements and labor on said place would amount to between Three Hundred and Four Hundred Dollars.
The premises considered Complainant prays that all the foregoing children, grandchildren and husbands of living female consorts be made parties, except said Margaret J. Cummings and Wm. Epps. That publication be made for the nonresident Defendants, and all necessary process used to bring all the resident Defendants before the Court. That they be required to answer J C, that guardian ad Litem be appointed to answer for the minor Defendants who are without regular guardians as far as Complainant knows. And at the hearing of the cause may it please your Honor to order that proof be taken to ascertain the amount and value of improvements placed on said Tract of Land by Complainant and Complainant prays that the same be allowed to him whatever amount the court may deem. And for such other and further relief as the nature of the case may require and as in duty bounds your Complainant will ever pray
Bright and Bright
Solicitor for Complainant

Comments by Lawrence W Epps clarifying the names of heirs above and the exclusion of two heirs from the law suit:
James C Epps the claimant in the suit excluded Margaret his sister as a defendant because she had given her rights to her father’s land to him in exchange for James paying off a debt her now deceased husband owed in Petersburg at the time they were moving to Arkansas. The reason Wm. Epps above was excluded from the law suit was that on Dec. 1864 he sold his rights as an heir of his grandfather to James C Epps Sr. for $80.

1. Hugh M Epps son of Lawrence.
2. Margaret J daughter of Lawrence wife of Thos. Cummings deceased before June 1861.
3. Gilbert son who lives in Mississippi in 1868.
4. James C. administrator of Lawrence’s estate and oldest son.
4. Elizabeth Cole grandchild and daughter of deceased Hepsey Epps Painter
5. Malinda grandchild and daughter of Hepsey and William Painter
6. John grandchild and son of Hepsy and William Painter
6. Unknown child of grandson John above deceased son of Hepsey and William.
7. Larry (Lawrence) grandson and child of Hepsey and William Painter
8. Mahala granddaughter and child of Hepsey and William Painter
9 Nancy granddaughter and child of Hepsey and William Painter
10. Margaret granddaughter and child of Hepsey and William Painter
11. Mary granddaughter and child of Hepsey and William Painter
12. Mary Harkins or Hankins daughter Lawrence’s daughter Mahala and James Pruitt or Prewitt.
13. Mary Pruitt a minor and daughter of deceased Larry the son of Mahala and James Pruitt. .
14. Sarah Pruitt a minor daughter of Larry above. .

T. M. Blakemore being first called and sworn according to Law deposing says,
I expect I am acquainted with the parties of this suit. I am acquainted with the land in the following mentioned. I have done some work on the place. I worked outdoor fences and shelters. The value of the work was $300 I think. The repairing of the house was $300.70 according to my recollection which amount includes the $300 for work done on ? before mentioned. I think I know the condition of the place at the end of the war. The place was in bad repair. The improvements are permanent and enhance the value of the place.
Cross Examiner
Before the improvements were placed on the place I was acquainted with the condition of the place passed it several times and went through the place. The work done on the place was necessary work.
And further the depossent saith not. Signature of T. M. Blakemore’s
claims 1 day and 22 miles

E. T. Thomas being next called and sworn according to Law deposed says,
I am acquainted with the land belonging to Lawrence Epps deceased. I am not a carpenter. I commenced the work done on the place and Mr Blakemore valued it. A farmer is not a proper person to value a carpenters work, the work was not done by a regular carpenter and I suppose the valuation put on it by Mr. Blakemore was about correct. Mr Blakemore is a regular carpenter. My place faces the Epps place. At the end of the war the plantation was out on the (commons?) I mean by that the house was not in any condition to live in—In 1865 and 1867 & 1869 it was worth about 2 cents per rail to make them and put them up or $2.00 per hundred— at present the place is in only tolerably good condition— There is a creek running through the place. It is necessary that this should be water gated on the place— Any ordinary price for water gates that will stand the flood on that branch reasonably worth $5.00— I think it might be worth about $200 per hundred panels for tearing down and resetting the fence on the place— The value of the place has been enhanced by the improvements placed on it since the war. The value of the land is enhanced on the account of the value of the improvements.
Cross Examined
Mr. J. C. Epps took possession of the place as administrator in the Fall of 1861 and H. M. Epps bid it at $2.00 per acre— If he rented it out publicly any more I never knew it— I think he took possession of it himself in1865 and commence repairing it— there was a man by the name of Mullins on the place in 1864 but I do not know who put him there. He was there only for a short time. J. C. Epps took possession himself in the spring of 1865 and has had possession ever since. I think the place would have been reasonably worth for the year 1865; $90.00 and also for each year to the present time since 1865. That is ninety dollars per year— Lawrence Epps died about 20th day of June 1861— J. C. Epps had a part of the farm in wheat that year, 1861, and had a part in corn. I don’t know what disposition was made of the suits that year. I was present at the sale of the personal property belonging to the estate of Lawrence Epps by his administrator. There were none of the products of the farm sold at the sale. House hold and kitchen furniture and stock hogs were sold at that sale and one cow. I saw J. C. Epps have a note in his accounts payables to Margaret Cummins executed by Lawrence Epps deceased and also saw him tear the name off and throw the note (can’t read the whole next line) …. what he was doing, he then picked up the note and put it in his pocket book. Said note was for the sum of $100.00 or about that. I don’t know how J. C. Epps came in possession of the note.
Re Examined
Mr. Hugh M Epps was a prisoner in 1863 but his family was (whole line unreadable) … Mr. Epps was cultivating a portion of the place in grass—I don’t think I can state what each of the parties had in cultivation. I think Mr. James N. Epps had in about 12 or 15 acres. In the year 1863 the place was cultivated and the wheat crop was good but the corn crop was lost on a great portion of it for want of a fence—Taking into consideration (whole line unreadable) … Hugh M. Epps was called away—I think that half rent that is $45.00 would be sufficient rent for the place for the year 1863. (Note by Lawrence Ward Epps the transcriber in July 2007 of this document: The previous statement “was called away’ indicates Hugh joined the war. Records show he was a Private in 1st Tenn Cavalry. This is why E. T. Thomas said he should only be charged for half a years rent. Mr. Thomas is also correct when he mentions Hugh “was a prisoner in 1863”. Military records say he was captured at Lincoln Co. May 23, 1863.)
It was always my understanding that the wagon in which Margaret Cummins moved away in was a partnership wagon belonging to Thos Cummins and Lawrence Epps. I think I have heard told Thos Cumming and Lawrence Epps say that the wagon was partnership wagon—I don’t know anything about Mrs. Cummins giving up the note for her husbands part of the wagon—Where Mrs. Cummins ?? ?? she sold the wagon and appropriated the fund for her own use—My recollection is that Lawrence Epps bought the harnesses from Stephen Flynt for which he was to pay every Dollar.
Re Cross Examined
{ A few days before Thos J. Cummins left for Arkansas he said to me that he would let Lawrence Epps have all the crop on the East side of the road and he reckon that that would make them about even. There was no one present but myself and Thos Cummins.}
The above in brackets objected to by Counsel for Complainant for in competency and irrelevancy.
Bright & Bright
{Re Examined by Plaintiff}
Lawrence Epps got the benefit of the crop on the East side of the road his stock eat it that is he fed it to them. There was about 12 acres of the crop on the East Side of the road.
{Re Cross Examined by Default}
I know that Margaret Cummins waited on for several years her mother like a child after she was parelized but I don’t know whether there was any stipulated recompense or not
And further Depossent saith not – signature of E. T. Thomas
Claims 1 Day
James Epps being next called and sworn according to law deposing says-
I am acquainted with the parties to this suit. I have examined the paper Marked Exhibit “A” and made a part of this my deposition-
I saw aunt Jany, Mrs. Cummins give the note to father Mr. J. C. Epps in the yard at my grand fathers Lawrence Epps and Mrs Cummins said when she gives? it up “here it is it has always been a grudge ever since I had it”- she did not say any thing about its being paid or anything about- It was the evening before she started to Arkansas. I heard my grand father say that he was not going let the wagon go until he got pay for his part- I don’t recollect that I heard him say anything about the note-
Cross Examined
I was not at Petersburg in stead of at my grand fathers that the note was given up. I even told Mr. Hugh Epps that the note was given up
Re Examined
I don’t recollect of ever having any conversation with Mrs. Hugh Epps about the note
And further Depossent saith not- signature of James Epps
Don’t claim

James C. Epps being next called and sworn according to Law deposing say-
I am the Complainant in this cause. I know nothing about what the note was given for or what it was … ? to except from the face of the note. {I went over to help them Mrs. Cummins to start off to Arkansas and my father said that he was not going to let the wagon go until he got pay for his part of it and my sister come to me and asked me to go and see father and see if he would let the wagon go if she would give up the $100.00 note, and her father said” if she would give up the note to let the wagon go for they would go any how”}
The above in bracket objected to by Counsil or Defendant for incompetency & irrelevancy & for being the declaration of the dead
And I went and told her what father said and she went and got her pocket book and give up the note and I torn off the name as Mr. Thomas said in his Deposition. {After this had taken place father said that he was in the notion of giving her Some mothers bed, that there would be one for me and Hugh left and did so telling her to take bed clothes for it but to leave him sufficient bed clothes to keep him comfortable. This was all that occurred at that time}
The above in brackets objected to by Defendants Counsil for incompetency irrelevancy and because it is the declaration of the Deceased-
In 1862 when I rented the place to my brother Hugh there was a pretty good fence around it-
In ..can’t read several words ….rents for that year. The rents were worth $120.00. he bid the sum off
$2.00 per acre, there being 60 acres- his family has it in 1863 and was worth ninety Dollars- {When Hugh M Epps got the place there was a good fence around the place and when I got the place in 1865 I had to put one hundred and twelve new panels of fence and all the old rails I could get on it. There being no fence between Thomas – which joined the place.}
The above in brackets objected to by Defendants Counsil for incompetency & irrelevancy- the question of damages not being a matter in controversy.
I don’t know how the rails were destroyed. I then? Will file a paper marked Exhibit “A” to this my Deposition and made a part of the same, said paper settling the refinancing and value thereof done on the place- and at the times made- In 1864 I received no rent for the place. Since
the close of the war I think rent of the place up to the present time is worth about $90 per year.
The amount of asset which came into my hand as administrator amounted to about $80. I hae exhausted all the assets of the Estate in paying the debts.
The estate is indebted in the following amounts. Saml Talley holds one claim against the Estate for $12.00 or $13.00. There is also the balance of about $25.00 to $30.00 an Execution against father and my brother Gilbert Epps holds a note against the Estate of $100.00. I hold a claim against the Estate of $144-my claim is for money advanced in redeeming the land. As mentioned in the Bill John Lee’s claim for about $15.00 and Harris McKinsay’s claim for $13.00. Reference is …can’t read several words…the Bill filed in this cause. Mrs Cummings is also setting up claim for one hundred Dollars against the Estate and Hugh M. Epps is also setting up claim against the Estate $147.00 money loaned the deceased which several amounts constitute the indebtedness of the Estate.
I will take some of the funds arising from the sale of the land to pay off the indebtedness of the Estate. The land is not susceptible to an advantageous division among the heirs—After selling a sufficient amount of the land to pay off indebtedness of the Estate the number of acres of land being 79 3/4 and the number of heirs seven.
It is manifestly in the interest of all parties that the land should be sold for payment of debts and for distribution among the parties entitled there to. I have purchased the interest of Margaret Cummins and Wm Epps in the land and have deed for the same and I will file the same Marked Exhibit “B” & “C” respectively to this my Deposition and also file copy of settlement Marked Exhibit “D” to this my Deposition which shows assignment ? for Debts & taxes paid & c
Cross Examined
In 1864 I rented part about 15 acres of the place to Manly? Mullins he was to have the place for $2.00 per acre and I was to allow him $1.00 per hundred for rail he would make and put up
Re Examined
I never received anything for the place in 1864
Re Cross Examined
I remember that there was $30.00 of Hugh M. Epps which my father got and that is all I know about it.
And further Depossent said I not signature of James C Epps

Hugh M. Epps witness for the Defendants being next called and sworn according to Law deposing says-
{I loaned my father some money $82.00 in May 1849, in Nov 1850 $35.00 in Dec 1850 $30.00; the $30.00 is the money spoken of by J. C. Epps}
The above in brackets objected to by Complainants Counsels for incompetency
Bright & Son
And further Deposset saith not- signature of H. M. Epps

Margaret Cummins witness for Defendants being next called and sworn according to law Deposing says-
I Know that Hugh M. Epps loaned my father $82.00. Mr. John Ray & myself were called to witness it- John Ray was my first husband—I don’t recall the exact time it was several years before the war—I recollect of his loaning some more money about $30.00 it was after he had loaned the $82.00—When Mrs Hugh M. Epps and myself left the place in 1863 the fencing was in about as good condition as it was when we went there. The fencing was not destroyed while we were there except what was washed away by the creek—None of the fencing was destroyed as I know of after we went away—My father never had give me any nag (horse)and he gave me a note which was due at his death for $100.00 in 1859—I never looked at it particularly and I thought it was given for a horse—He gave me the note several months before I started to Arkansas—The day that I stated I gave the note to my brother J. C. Epps—As we were going on to Arkansas, there was several debts which Mr Cummins was owing we were stopped in Petersburg and my father come to me and told me that I had better sell my interest in the land to my brother J. C. Epps and that he would make a deed (whence)? and Mr. Small and Mr Isom Sorrells valued the land at $20.00 per acre and under the shade bush in front of Dr. Smith’s house I through ignorance gave my brother J. C. Epps the $100.00 note—The note filed as Exhibit “A” to James Epps Deposition is the note that I delivered up to J. C. Epps but at that time I wasn’t aware that it said that was for services rendered J C—Also I did not know until today that it read that way—The note was not given to up to J. C. Epps to pay fathers share in the wagon, nor did my father or any one else say anything to me about the wagon—I never received anything for the note—My father said that I ought to have pay for waiting on him, he never said how much I was to have, but that I had left and neglected my family to wait on him and that I ought to have pay for it, and father said that I should be paid out of The Estate after his death—In the hurry and excitement of moving and selling my interest in the land, I gave up the note thinking that I had no further claim on The Estate—James Epps was present and helped to look for the note for I had to look among the papers for it—When I said I gave up the note through ignorance, it was through ignorance of my rights that I gave it up and not in consideration of my fathers part of the wagon and soon after I left and thought of it, I became satisfied that I had done wrong, And after I came back from Arkansas I demanded the note of J. C. Epps and he refused to give it up.

Cross Examined
I don’t know in what year my husband Mr Ray died though it was some time in 1840s, but I don’t recollect the exact date—When the note was delivered up to J C Epps, John G Epps and Amos Small and James Epps were present—The $30.00 of which I have spoken in my Examination in Chief as being loaned by Hugh M Epps to my father was loaned sometimes in the last time of my husband Mr Ray
And further Depossent saith not- signature of Margaret J Cummin

The further taking of these depositions is continued by consent of parties to May 5th 1871
D. W. Clark Clk & M

Continuation of Depositions 6 Days Later
Note: Lawrence Epps the first witness below lived at this time near Christiana in Rutherford County Tennessee. He is the great grandfather of the one who is making this transcription on July 6, 2007: Lawrence Ward Epps of Missouri City, Texas.

The taking of depositions in this cause being resumed according to adjournment on this the 5th day of May 1871-
Lawrence Epps being called in behalf of Complainant & sworn according to law deposing says—
Question by Complainant– Were you present at anytime, and did you hear a conversation between Mr. J C Epps & Mrs Margaret Cummins about a $100.00 note which her father had executed—if so state, where that conversation occurred and all that was said?

Answer: I was present when such a conversation occurred—It was in my Grandfathers yard, the evening before Mrs Cummins started to Arkansas—My aunt Mrs Cummins came to my father, the said J C. Epps, and asked him to see her father, and ask him—That if she would give up the $100.00 note wouldn’t he let the wagon go? Father went and saw Grandfather, came back & told her that he had given his consent—she then went in the house and got the note and gave it to my father—I heard my Grandfather say afterwards, that if Mrs Cummins had not given up the note the wagon should not have gone—
Cross Examined
I don’t recollect exactly, when the occurrence above spoken of occurred, but I think it was in 1859. I think it was in the Fall of the year—I did not hear what my grandfather told my father when he went to see him about the note—I had never heard my Grandfather say anything about the note before the time above referenced—My Brother James, Mrs E. T. Thomas and myself were present at the time this conversation occurred between my father and Mrs. Cummins—They were all present I think when Mrs. Cummins gave up the note—
My father when the note was give to him, tore the name off and put it in his pocket book—He dropped the piece containing the name on it down on the ground—but he did not throw the note down—Mrs. Cummins told my father that he had better keep the name—This was all that was said at the time—I don’t know if brother James heard the conversation between my father & Mrs Cummins or not—They were close enough to have heard it—{I heard them say that Mrs Cummins went through Petersburg when she went to Arkansas but I don’t know that she actually did go through there}
All in brackets objected to for its relevancy & incompetency and as hearsay
Bright & Son
I will be 29 years old the 2nd day of next December—My father had some wheat sowed on My Grandfathers place The year he died—My brother James was living on it also, that year—I was at the sale and present part of the time during the sale by administrator of my Grandfathers property Deceased? I don’t know if my father as Admistrator sold any of the crop raised on the place or not
And further depossent saith not signature of Lawrence Epps

The taking of depositions in this cause being resumed according to adjournment on this the 5th day of May 1871-
Lawrence Epps being called in behalf of Complainant & sworn according to law deposing says—
Question by Complainant– Were you present at anytime, and did you hear a conversation between Mr. J C Epps & Mrs Margaret Cummins about a $100.00 note which her father had executed—if so state, where that conversation occurred and all that was said?

Answer I was present when such a conversation occurred- It was in my Grandfathers (Lawrence Epps) yard, the evening before Mrs Cummins started to Arkansas—My aunt Mrs Cummins came to my father, the said J C. Epps, and asked him to see her father, and ask him—That if she would give up the $100.00 note would’nt he let the wagon go? Father went and saw Grandfather, came back & told her that he had given his consent—she then went in the house and got the note and gave it to my father—I heard my Grandfather say afterwards, that if Mrs Cummins had not given up the note the wagon should not have gone—
Cross Examined
I don’t recollect exactly, when the occurrence above spoken of occurred, but I think it was in 1859. I think it was in the Fall of the year—I did not hear what my grandfather told my father when he went to see him about the note—I had never heard my Grandfather say anything about the note before the time above referenced—My Brother James, Mrs E. T. Thomas and myself were present at the time this conversation occurred between my father and Mrs. Cummins—They were all present I think when Mrs. Cummins gave up the note—
My father when the note was give to him, tore the name off and put it in his pocket book—He dropped the piece containing the name on it down on the ground—but he did not throw the note down—Mrs. Cummins told my father that he had better keep the name—This was all that was said at the time—I don’t know if brother James heard the conversation between my father & Mrs Cummins or not—They were close enough to have heard it—(I heard them say that Mrs Cummins went through Petersburg when she went to Arkansas but I don’t know that she actually did go through there)
All in brackets objected to for its relevancy & incompetency and as hearsay
Bright & Son
I will be 29 years old the 2nd day of next December—My father had some wheat sowed on My Grandfathers place The year he died—My brother James was living on it also, that year—I was at the sale and present part of the time during the sale by administrator of my Grandfathers property Deceased? I don’t know if my father as Administrator sold any of the crop raised on the place or not
And further depossent saith not signature of Lawrence Epps
Claim 1 day lives 42 mile off

Hugh M Epps being recalled by Defendant …illegible words…deposing says—
My Brother J C Epps & his son James cultivated my father’s land the year he died—James Epps was put on the land by his father J C Epps—I was present at the administration sale, and none of the crop raised on the land that year was sold—I think that land was worth $2.00 per acre rent (money rent) that year—
Cross Examined
I heard Mr J. C. Epps & his son both say that, Mr J C Epps put his son on the place—Mr J C Epps cultivated some 35 or 34 acres about ..illegible words… acres in wheat and the balance in corn & James cultivated 12 or 15 acres in corn—I cultivated about an acre of it that year in grass—I think it was not rented to me—I just took possession of it—I never have been in the habit of renting land and rented land the year spoken of—I rented land that year—I paid two dollars per acre for wheat land and $3.00 per acre for corn land—My Brother J. C. Epps took care of my father during his last days—I mean for about two weeks before he died—
And further depossent saith not– signature of H. M. Epps

Continued to Friday 19th day of May 1871 by consent
D. W. Clark Clk & M

The taking of Depositions in the cause resumed according to adjournment this 19th day of May 1871

James Armstrong being sworn according to law deposing says—
I was at Lawrence Epps house a short time before Mr. Cummins and his wife Jane Cummins left for Arkansas. I think it was only a day or two before they left. I have examined the note marked Ex. “A” to J. C. Epps deposition. I do not know anything about the execution of the note, never having seen it before. On the day that I was at Lawrence Epps as before mentioned I heard the old man Epps say that he allowed for Mrs Cummins to have one hundred dollars for waiting on him and his wife during their sickness.
According to my best recollection it was my understanding that he intended for her to have this amount more than the other children. I do not remember his exact language but this is my recollection of the substance of what he said. Further Depossent saith not—
Signature of J B Armstrong
Claims attendance one day and travel 30 Miles

Isham Sorrells being sworn according to law deposing says—
I was in Petersburg on the day on which Mr and Mrs Cummins passed through going to Arkansas. They were stopped according to my understanding by the creditors of Mr Cummins: and it was agreed by Mrs Cummins and Mr Cummins and J C Epps that Mrs Cummins would let J. C. Epps have her interest in her fathers land, and J. C. Epps would pay Mr Cummins debt: And Lawrence Epps agreed to convey to J C Epps Mrs Cummins interest in his land, that is Lawrence Epps land. I was one of the men called upon to value the land, but do not remember the valuation put upon it.
All the forgoing deposition objected to irrelevancy and incompetiency— Bright & Son

I have examined the note Marked Ex “A” to Mr J. C. Epps deposition. I don’t know anything about the note. I never saw it before that I remember of. On the day above spoken of that Mrs and Mr Cummins passed through Petersburg and while they heard Lawrence Epps says that he had given Mrs Cummins a note for $100.00 for waiting on him and his wife in their affliction and that he was sorry he had to give her the note and did not have the money to give her as she had to leave. I do not know whether this conversation took place before the transaction about the land; but it was about the time. In this same conversation he said that he intended for her to have $100.00 more than the other children.
Cross Examined
I do not recollect who was present at the time of the conversation with Lawrence Epps, above mentioned. That is the conversation about the note for the $100.00 spoken of in my examination in chief. I was very well acquainted with Mrs. Cummins. I would consider her a woman of good sense and a good manager., She managed her farm very well; so as to support herself and family. If I heard anything said about Mr Cummins owing Mr Lawrence Epps his part of the wagon, I do not recollect it.
And further depossent saith not– signature of Isham Sorrell
Claims attendance one day and traveled 22 miles

Joseph Cole being called and sworn was not examined.
Claims attendance one day and travel 20 miles.

James Epps being recalled by consent and sworn deposing says—
I heard in 1860 an agreement made between my grandfather Lawrence Epps and my father J C Epps in which it was agreed that my father was to go to and have the use of the place for taking care of my grandfather. In the Fall of 1860 my father under this agreement sowed wheat on the place. He did not remain there for the reason that Mrs. Cummins moved into the house of my grandfather and he had no room for my father. When my grandfather found that my father could not come he asked me to come and live on the place. And he promised me that if I would fix the fencing he would let me have as much ground as I could attend. I complied with the …illegible words…fixing the fencing. I cultivated …illegible words ..acres more or less in corn.
And further depossent saith not– signature of James Epps

E. T. Thomas being recalled by consent, deposing says:
James C. Epps tore the name off the note, spoken of in my former examination, on the day after Mrs. Cummins started to Arkansas—that is to the best of my recollection it was on that day. The reason why I think it was on the day after she departed for Arkansas, is .. illegible .. that J. C. Epps on this day was telling me about the land transaction spoken of in Mr Sorrells deposition, and after he got through telling about it he carelessly put his finger in his vest pocket and pulled out the note and tore the name off it. It was then that I asked him if he knew what he was doing.
Interrogatory
Please state what was your reason for asking Mr. J C Epps the question, “If he knew what he was doing in tearing off the name from the note?”
(Objected to by Complainant Counsel for incompetency and impertinence)
I can not positively say at this time. He did not state on the day to the best of my recollection how he came by the note. He may have so stated but I have not recollection of it. He stated to me on that day about the substance of what Mr Sorrells says in his deposition, concerning the land transaction.
Cross Examined
I do not say positively that it was in the day after Mrs Cmmins departure for Arkansas that I saw J C Epps tear the name off the note, I speak only from the best recollection I have upon the subject.
(Interrogatory by Complainant Counsel)
Question: Do not your recollection very indistinct about all these transactions above mentions?
Answer: When these things first came up and were talked of they appeared very indistinct, it now my recollection seems distinct concerning them. I have had a great deal of sickness such as fevers, and have taken a good deal of such medicine as is calculated to impair the recollection: and my recollection is somewhat impaired in consequence.
Reexamined
The reason why my recollection is more distinct now about the matter than when they were first mentioned is from hearing them talked of by other and for reflecting on them myself.
And further depossent saith not — signature of E. T. Thomas
Claims attendance one day

James Armstrong being sworn according to law deposing says—
I was at Lawrence Epps house a short time before Mr. Cummins and his wife Jane Cummins left for Arkansas. I think it was only a day or two before they left. I have examined the note marked Ex. “A” to J. C. Epps deposition. I do not know anything about the execution of the note, never having seen it before. On the day that I was at Lawrence Epps as before mentioned I heard the old man Epps say that he allowed for Mrs Cummins to have one hundred dollars for waiting on him and his wife during their sickness.
According to my best recollection it was my understanding that he intended for her to have this amount more than the other children. I do not remember his exact language but this is my recollection of the substance of what he said. Further Depossent saith not—
Signature of J B Armstrong
Claims attendance one day and travel 30? Miles

Isham Sorrells being sworn according to law deposing says—
I was in Petersburg on the day on which Mr and Mrs Cummins passed through going to Arkansas. They were stopped according to my understanding by the creditors of Mr Cummins: and it was agreed by Mrs Cummins and Mr Cummins and J C Epps that Mrs Cummins would let J. C. Epps have her interest in her fathers land, and J. C. Epps would pay Mr Cummins debt: And Lawrence Epps agreed to convey to J C Epps Mrs Cummins interest in his land, that is Lawrence Epps land. I was one of the men called upon to value the land, but do not remember the valuation put upon it.
All the forgoing deposition objected to irrelevancy and incompetiency— Bright & Son

I have examined the note Marked Ex “A” to Mr J. C. Epps deposition. I don’t know anything about the note. I never saw it before that I remember of. On the day above spoken of that Mrs and Mr Cummins passed through Petersburg and while they heard Lawrence Epps says that he had given Mrs Cummins a note for $100.00 for waiting on him and his wife in their affliction and that he was sorry he had to give her the note and did not have the money to give her as she had to leave. I do not know whether this conversation took place before the transaction about the land; but it was about the time. In this same conversation he said that he intended for her to have $100.00 more than the other children.
Cross Examined
I do not recollect who was present at the time of the conversation with Lawrence Epps, above mentioned. That is the conversation about the note for the $100.00 spoken of in my examination in chief. I was very well acquainted with Mrs. Cummins. I would consider her a woman of good sense and a good manager. She managed her farm very well; so as to support herself and family. If I heard anything said about Mr Cummins owing Mr Lawrence Epps his part of the wagon, I do not recollect it.
And further depossent saith not– signature of Isham Sorrell
Claims attendance one day and traveled 22 miles

Joseph Cole being called and sworn was not examined.
Claims attendance one day and travel 20 miles.

James Epps (James Craton jr.) being recalled by consent and sworn deposing says—
I heard in 1860 an agreement made between my grandfather Lawrence Epps and my father J C Epps in which it was agreed that my father was to go to and have the use of the place for taking care of my grandfather. In the Fall of 1860 my father under this agreement sowed wheat on the place—He did not remain there for the reason that Mrs Cummins moved into the house of my grandfather and he had no room for my father__ When my grandfather found that my father could not come he asked me to come and live on the place and he promised me that if I would fix the fencing he would let me have as much ground as I could attend. I complied with the …can’t read…fixing the fencing. I cultivated …..can’t read…. more or less in corn.
And further depossent saith not– signature of James Epps

E. T. Thomas being recalled by consent, deposing says:
James C. Epps tore the name off the note, spoken of in my former examination, on the day after Mrs. Cummins started to Arkansas—that is to the best of my recollection it was on that day. The reason why I think it was on the day after she departed for Arkansas, is ? that J. C. Epps on this day was telling me about the land transaction spoken of in Mr Sorrells deposition, and after he got through telling about it he carelessly put his finger in his vest pocket and pulled out the note and tore the name off it. It was then that I asked him if he knew what he was doing.
Interrogatory
Please state what was your reason for asking Mr. J C Epps the question, “If he knew what he was doing in tearing off the name from the note?”
(Objected to by Complainant Counsel for incompetency and impertinence)
I can not positively say at this time. He did not state on the day to the best of my recollection how he came by the note. He may have so stated but I have no recollection of it. He stated to me on that day about the substance of what Mr Sorrells says in his deposition, concerning the land transaction.
Cross Examined
I do not say positively that it was in the day after Mrs Cmmins departure for Arkansas that I saw J C Epps tear the name off the note, but speak only from the bests recollection I have upon the subject.
(Interrogatory by Complainant Counsel)
Question: Do not your recollection very indistinct about all these transactions above mentioned?
Answer: When these things first came up and were talked of they appeared very indistinct, but now my recollection seems distinct concerning them. I have had a great deal of sickness such as fevers, and have taken a good deal of such medicine as is calculated to impair the recollection: and my recollection is somewhat impaired in consequence.
Reexamined
The reason why my recollection is more distinct now about the matter than when they were first mentioned is from hearing them talked of by other and for reflecting on them myself.
And further depossent saith not — signature of E. T. Thomas
Claims attendance one day

The following Depositions were taken the 1st June 1871 by consent in the above cause to be used in stating the Account ordered the same being taken at the office of the Clerk & Master at Fayetteville Tennessee.

D. J. Whitington being first duly sworn according to Law deposing says, I was Clerk of the County Court of Lincoln from the year 1858 to 1863 and made a great many settlements with Administrators Executors & ..?.. and also made a number of allowances and I think I know what Administrators services are reasonably worth. I have examined the settlement made by J. C. Epps Adm & e in the above cause. And I think fifteen dollars would be a reasonable compensation to J. C. Epps Adm & e for his trouble.

Question – Supposing that J. C. Epps qualified as Adm of his father Lawrence Epps in the year 1861, and had charge of this land of said Lawrence Epps dec & from that time to the present, except during the years 1862 & 1863, renting the same , and supposing, that he rented the same for about $90.00 per year and should be held to account for said rent for each year he had charge then what allowances should be made him for his trouble renting said land & collecting rents as? per year

Answers – I think J. C. Epps should have about ten dollars per year for renting out the land in the above cause under the above statement of facts in the above Interrogatory.

Defendants and Council object to the above Interrogatory & Answers for Incompetency

Cross Examination of Defendants Council:
Question – Suppose J. C. Epps was entitled to his share of the rents of said land or in other words he is entitled to one seventh in his own right and two seventh by purchase then what compensation should he have for his trouble?

Answer – I don’t think the above statement of facts would change the compensation of J. C. Epps as allowed in my Examination in chief.

Question – Is one joint tenant renting out land for all the joint owners entitled to any compensation for his trouble.?

Note: The remainder of this deposition is not available to me The two seventh by purchase mentioned above refers to J. C. Epps previously purchasing the rights of his sister Mrs. Cummins and his nephew William Epps.

JOHN N EPPS BUYS GFATHERS LAND AND TRANSFERS IT TO JAMES RENFROW THUS CONCLUDING THE LONG SETTLEMENT PROCESS OF LAWRENCE’S ESTATE

J C Epps vs Hugh M Epps & Others                                                          filed Feb 5 1873

Whereas at a sale by decree of The Chancery Court of Fayetteville Tennessee fore announced at The July Term 1871 in The case of J. C. Epps vs Hugh M Epps & others on The 28^th day of September 1871 the Clerk & Master of said Court under said decree sold the following described tract of Land.  Lying in Lincoln County Tennessee, Civil District No. 9 and bounded as follows. Beginning at a Rock in The Road leading from L. L. Clarks to Buchanan’s: being the North W. corner of E. T. Thomas’ land, Thence South 83^o East 232 poles to a Rock, E. T. Thomas N. E. corner:  Thence North 87 1/2^o West with Armstrong’s line 233 ½ poles to a Rock in The Road: Thence South 50 poles to The beginning – containing in all 87 acres and 45 poles – after deducting 9 square poles for a Grave Yard-:

And where as at said Sale I Jno N Epps became The purchaser of said tract at The aggregate sum of $1310 ⁰⁹/₁₀₀ – and executed to said Clerk Master my two notes due at 1 & 2 years respectively from day of sale each for $122 ²⁴/₁₀₀ with J. C. Epps, Jas Epps, D F Moore, and A. P. Clift securities and paid to said Clerk Master $15 ^50/₁₀₀  The five percent required to be paid in cash-

And whereas I Jno. N. Epps am desirous of transferring my said bid to James F Renfrow

and we Jno N Epps and wife Salie E. Epps do hereby transfer and convey to the said James F. Renfrow all of our interest in said tract of land and we hereby authorize this request. The said Chancery Court to make a title in fee simple to the said James F. Renfrow upon his paying of  The purchase money due on said land.  This The 5^th day of February A. D. 1873  J. N. Epps, Sallie Epps

 Interpretive Comment by Buck Epps: The land containing the Epps family cemetery was excluded from the sale above. Hugh M Epps marker is still there with several others. This is probably where Lawrence and his wife Elizabeth lie but but their stones are lost or never existed. The cemetery has been overrun with tractors and cattle so many of the stones are either broken or buried.

 It is unknown why John Norris Epps first bought on credit his grandfathers land and then transferred it to James F Renfrow as described above. John would have little money being a recovering Civil War veteran that was still single living in his fathers household in the 22 Aug. 1970. John purchased the land on 28 September 1871only a few days before he married Sarah Cole on 22 Nov. 1871. This leads to speculation that the whole deal was worked out with Mr. Renfrow in advance of his purchase so he would have a place to get started in life with his new bride. He could raise a couple of crops before he would have to transfer the property to Renfrow and he may have even worked the land on shares with Renfrow during the time he lived on the land. Sarah Cole Epps died 14 May 1876 only a short time after the land was transferred to Mr. Renfrow. John would marry her sister Florence only six months later and raise five children at his permanent home down Epps Hollow Rd near Bellville, Tennessee.