J. C. Epps Adm & ex vs Hugh M Epps & others

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.