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The following deposition was taken at the office of the Clerk & Mater of the Chancery Court at Fayetteville upon notice on this the 29th day of Aril 1871 to be used as evidence in taking a stating the account ordered in this cause. These original records are hand written and difficult to read. Buck Epps did not correct the quaint spelling and punctuations or capitalizations of the original. In some places it was impossible to read the documents.
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 milesE. 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 claimJames 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 EppsHugh 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 Read the rest of this entry » -
Note: Lawrence Epps the first witness below lived at this time near Christiana in Rutherford County Tennessee. He is the brother of John Norris Epps and the transcriber of these court documents Lawrence Ward Epps’ great grandfather.
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 offHugh 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. EppsContinued to Friday 19th day of May 1871 by consent
D. W. Clark Clk & MThe 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 Read the rest of this entry » -
D. W. Clark Clk
The taking of Depositions in the cause resumed according to adjournment this 19th day of May 1871James 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? MilesIsham 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 & SonI 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 milesJoseph 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 Read the rest of this entry » -
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. Read the rest of this entry »
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Larry Epps Deceased –Account of Sale
A List of Sale October 17th & 18th 1861
Name Articles Amount
James N. Epps Colter? Plow & axe & c 2.20
Larra Epps Plow & Sundries .10
W M Epps J C Epps Sythe & c 1.15
H Gowen J C Epps Crop cut sow & c .30
James N. Epps Cutting Knife & c .20
Hugh M. Epps 2 Plows & Hames .10
H M Epps Round Chain .10
James N Epps Lot of Sundries .65
James N Epps Bryan Sythe .25
H M Epps Wheat Fan .10
Mrs Cummings Weeding hoe .05
H Gowen J C Epps Cubbard & Table 4.15
Mrs E T Thomas Sifter .20
Mrs Cummings Bead Quilt .15
Mrs Cummings Bead Quilt .15
Mrs Cummings Bead Quilt .15
H M Epps Oven & Lead .50
H M Epps fire Shovel .10
H M Epps Skillet & Lea .50
H M Epps Oven .35
Larra Epps Gallon pot & c .65
H M Epps Clock & Bible .10
H M Epps Ladies Saddle 5.00
Mrs Cummings Bucket .10
Mrs Cummings Coffee Mill .10
Mrs Cummings Coffee Mill .05
Mrs Cummings Chairs .10
Mrs Cummings Looking Glass .25
Mrs Cummings Kittle & Pots .25
Larra Epps Old Saddle .35
Mrs Cummings Water Bucket .05
H M Epps Sow & 5 Piggs 17.25
Mrs Cummings Cow 16.00
H M Epps J C Epps Sythe & Cradle 2.00
H M Epps J C Epps 3 Hogs 38.80
W Cummings 2 Shotes 7.50
The above is a true and perfect act of sale of all the personal property of Larry Epps decd. That was sold by me on the on the 17th day of October 1861. Sold on twelve months credit notes with good security taken for the sum.
Sworn today in submission before me Jan. 24th 1867 James C. Epps
J T Grossman Clerk Clerk fee 50 ct paid J. T. G. Admin
Approved R. Farqu__?___ -
Pyramid Theory of Doubling Ancestors
SELF 2 PARENTS 4 GRANDPARENTS 8 GREAT-GRANDPARENTS 16 GREAT-GREAT-GRANDPARENTS 32 GREAT-GREAT-GREAT-GRANDPARENTS 64 GREAT-GREAT-GREAT-GREAT-GRANDPARENTS 128 GREAT-GREAT-GREAT-GREAT-GREAT-GRANDPARENTS 256 GREAT-GREAT-GREAT-GREAT-GREAT-GREAT-GRANDPARENT 512 GREAT-GREAT-GREAT-GREAT-GREAT-GREAT-GREAT-GRANDPARENTS 1024 GREAT-GREAT-GREAT-GREAT-GREAT-GREAT-GREAT-GREAT-GRANDPARENTS
In this theory the number of ancestors double each generation. I can’t represent the rest of the generations on this page, so following is the number of theoretical ancestors in each generation, starting at Generation 12 where the figure above leaves off.
Gen. 12: 2048
Gen. 13: 4096
Gen. 14: 8192
Gen. 15: 16384
Gen. 16: 32768
Diamond Theory of Ancestors
In this theory the pyramid begins to narrow beyond the 10th generation. I can’t represent this with numbers as they would be unknown, so I am representing the basic shape with x representing the number of individuals in each generation. I will, however make some assumptions about the number of parents and grandparents back to the 10th generation.
SELF 2 PARENTS 4 GRANDPARENTS 8 GREAT-GRANDPARENTS 16 GREAT-GREAT-GRANDPARENTS 32 GREAT-GREAT-GREAT-GRANDPARENTS 64 GREAT-GREAT-GREAT-GREAT-GRANDPARENTS 128 GREAT-GREAT-GREAT-GREAT-GREAT-GRANDPARENTS 256 GREAT-GREAT-GREAT-GREAT-GREAT-GREAT-GRANDPARENT 512 GREAT-GREAT-GREAT-GREAT-GREAT-GREAT-GREAT-GRANDPARENTS 1024 GREAT-GREAT-GREAT-GREAT-GREAT-GREAT-GREAT-GREAT-GRANDPARENTS x G-G-GREAT-GREAT-GREAT-GREAT-GREAT-GREAT-GREAT-GRANDPARENTS x G-G-G-G-G-GREAT-GREAT-GREAT-GREAT-GREAT-GRANDPARENTS x G-G-G-G-G-G-G-G-GREAT-GREAT-GREAT-GRANDPARENTS x-G-G-G-G-G-G-G-G-G-G-G-GREAT-GRANDPARENTS
This article was researched by Lorine McGinnis Schulze of The Olive Tree Genealogy at http://olivetreegenealogy.com/index.shtml” Permission to copy is granted as long as the article remains AS IS. No changes may be made to the article and all identifying information and website link must remain intact. This Permission to Copy notice must remain with the article
*******************************************************Copy article to this point if you are reproducing it -
The most important event in James Craton Jrs. life was his imprisonment in Nashville for the charge of helping kill some government police when they tried to shut down a whiskey still in Lincoln Co. near a place called the Patrick community. The trial was reported in great detail in the Nashville Banner News Paper. The following is not the entire article but only trial excerpts involving James C. Epps. He is the son of James C Epps Sr whose father was Lawrence. It will read discontinuously in some places since large parts have been skipped.
NASHVILLE BANNER Tuesday Evening, May 23, 1893
The United States Circuit, Court-room was crowded yesterday afternoon at 2 o’clock when Marshal Harrison convened (sic) the court. Judge Taft presided. (William Howard Taft served as federal circuit judge of the Sixth Circuit Court from 1892 to 1900. He was civil governor of the Philippines from 1901 to 1904. He was elected 27th President of the United States in 1908. In 1921, he was appointed Chief Justice of the Supreme Court.)
Prosecutor testimony regarding the Lincoln County killings:
For six months they have languished in the Davidson County jail and the confinement has told on their faces. Patrick’s face still retains a flush, which is rather hectic, however, but Petty’s skin is chalky-white and in marked contrast to his coal-black hair and moustache(sic). Epps’ eyes look sunken and his skin clammy. The contrast between the appearance of the men is something remarkable. Patrick is between 30 and 35 years old, and has a handsome, intelligent face. He is a large land owner and his alleged accomplices were hands employed on his farm. Petty looks to be near Patrick’s age, but his forehead is low, his eyes are close together, and his countenance lacks the light of intelligence. Epps is past the prime of life by a decade, as is evidenced by his bald head, gray hair and moustache. He has a thoroughly responsible look. As to the outcome of the case Patrick displays the greatest concern, because, perhaps, his superior intelligence tells him more clearly the enormity of the crime with which he stands charged. Judge Taft then put the question to each defendant separately and each responded in full clear voice, ‘Not Guilty.’ Epps’ reply was in a cracked voice, though evidently from age and not fear or excitement. Read the rest of this entry » -
Summary of John Norris Epps Land Records
There are three sources for the following information. First is data on file in the Tennessee State Library and Archives relative to his application for a pension due to severely wounded Civil War Veteran. Second are land records in the Lincoln County Archives. And third court records regarding a law suit of J. C. Epps vs Hugh Epps et al which involved the settlement of their deceased intestate father’s estate.
1. On the 28th Sept. 1871 John Norris agreed to purchase his deceased grandfather Lawrence Epps’ 87 acres and 45 poles for $1310.09 to be paid in two notes over the following two years. This was in settlement of the J. C. Epps vs Hugh Epps estate lawsuit. He only paid the required cash deposit of $15.50 and his debt was secured by his father J. C. Epps, by a brother Jas Epps, and by brother-in-laws D F Moore and A. P. Clift. The final payment of the debt was due on 28 Sept. 1873. John and his first wife Sarah may not have been financially able to pay off this debt or he may have decided he no longer wanted the land because on 5 Feb.1873 eight months before the final payment was due he transferred the land to James F Renfrow in consideration for him paying off the purchase price of the land.
2. Lincoln County Land Archives: John bought 15 acres from Alex J. McCollum in civil district 9 for $250. The deed was recorded April 27, 1880.
3. The Lincoln Co. Archives have the records of John selling 30 acres of land in civil district 9 for $906 to John Tallman. This instrument is dated Dec 19 1893.
4. John bought 140 acres from C. M. Giles in civil district 6 of Lincoln Co. Tenn. on Dec 19, 1893. I don’t have the cost of this land but in item 4 below we see he still owes $1300 and values the land at $1400 in April of 1894 which is only a few months after its purchase. John probably used some of the money for the sale of land in district 9 to John Tallman to purchase the district 6 land. ( see more detail in section 5.)
5. April 21, 1894 John says he owns about 100 acres worth $1400 and a lien on it of $1300. (the lien is probably to C. M. Giles who he bought it from.) He also has a mule worth $20 and a cow and calf worth $15.
6. A Deed of Trust from J. N. Epps and wife mortgaging 140 acres in civil district 6 to Jno. A. Moore for $576.06 bearing date of February 6, 1902 and due 12 months after that date which was still unsatisfied on Oct 15, 1903. (From Lincoln Co. land archives: this 140 acres is the same land conveyed by Andy Moore to C. M. Giles Aug. 8 1888 and then conveyed by C. M. Giles to J. N. Epps on Dec 19, 1893. Apparently John still owed Mr. Giles $576.06 when the amount was due so he mortgaged the 140 acres to the original owner so settle his debt to Mr. Giles.)
7 July 2 1903 John states that he owns 140 acres worth $1000 with a mortgage on the land of $650. He also owns one sow and 4 pigs, 2 horses, one cow and calf worth about $150. He states his wife owns no property. The Lincoln Co. trustee certified that the land is assessed on the tax books at $1315.
8. State of Tennessee certified on April 8 1908 that John and his wife are assessed with 140 of land valued at $1260 and with no personal property.
9. In a letter dated May 4, 1915 John states to the Board of Pension Examiners that he owns 100 acres more or less with an assessed value of $1500 and a real value of $2000.
He says he receives small support from rent of this farm and no other income. He also says the land is unencumbered by liens or mortgages. He says he has about $450 on hand. At this time only he and his wife are at home. Even though it was stated in item 5 that John had not settled his mortgage for $576.06 by the due date he must have come to terms with Mr. Moore because now he states he states he owns 100 acres more or less unencumbered by debt. Perhaps he let some of the better part of the original 140 acres go to settle this debt.10. W. A. Patterson and H. R. Brown testified in letter dated Sept. 7, 1925 that “John owned about 70 acres of hill land upon which he can hardly receive enough rents to pay his taxes and expenses on this land. This land would not sell for as much as $700 were it put on the market today.” It appears that John was in poverty when he died. ( Note by Lawrence W Epps: Now John only owns the poorest half of his original 140 acres. I traveled down Epps Hollow Rd near Bellville as far as a fence which blocked further progress. At this point there is an old log home that had been sided with lumber and it is being used to store hay and junk. The road follows a narrow fertile valley between hills that are still being farmed. I have been informed that this abandoned home is a tenant’s house and John’s home which is gone now was located further down the road. .
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State of Tennessee Interview with John Norris Epps 1841 – 1929
The following is an interview with John Norris Epps in 1922 at age 81 about his civil war memories. The interview was part of a Tennessee state project to record some of their old veteran’s before they were all gone. The words are in the style, spelling, and grammar in which he was recorded by the interviewer:
1. STATE YOUR FULL NAME AND PRESENT POST OFFICE ADDRESS
Ans: John Norris Epps, Fayetteville Tennessee, Rt 5
2. STATE YOUR AGE NOW
Ans 81
3. IN WHAT STATE AND COUNTY WHERE YOU BORN?
Ans: Tennessee, Lincoln County.
4. IN WHAT STATE AND COUNTY WHERE YOU LIVING WHEN YOU
ENLISTED IN THE SERVICE OF THE CONFEDERACY OR THE FED GOVT
Ans: Tennessee, Lincoln County.
5. WHAT WAS YOUR OCCUPATION IN THE WAR?
Ans: Farming
6. WHAT WAS THE OCCUPATION OF YOUR FATHER?
Ans: Farming
7. IF YOU OWNED LAND OR OTHER PROPERTY AT THE OPENING OF THE
WAR, STATE WHAT KIND OF PROPERTY AND THE VALUE OF YOUR
PROPERTY AS NEAR AS YOU CAN.
Ans: Nothing
8. DID YOU OR YOUR PARENTS OWN SLAVES? IF SO, HOW MANY?
Ans: I owned a boy 13 he was about 18 when he enlisted. My mother owned 13, including 5
children under age 12.
9. IF YOUR PARENTS OWNED LAND, HOW MANY ACRES?
Ans: None
10. STATE AS NEAR AS YOU CAN THE VALUE OF ALL PROPERTY OWNED
BY YOUR PARENTS, INCLUDING LAND, WHEN THE WAR OPENED.
Ans: About ten thousand dollars slaves and other personal property
11. WHAT KIND OF HOUSE DID YOUR PARENTS OCCUPY? STATE WHETHER
IT WAS A LOG HOUSE OR BUILT OF OTHER MATERIALS, AND STATE
THE NUMBER OF ROOMS.
Ans: Seven room house ordinary comfortable for that day
12. AS A BOY AND YOUNG MAN, STATE WHAT KIND OF WORK YOU DID. IF
YOU WORKED ON A FARM, STATE TO WHAT EXTENT YOU PLOWED,
WORKED WITH A HOE, AND DID OTHER KINDS OF SIMILAR WORK.
Ans: All kinds of farm work.
13. STATE CLEARLY WHAT KIND OF WORK YOUR FATHER DID AND WHAT
THE DUTIES OF YOUR MOTHER WERE. STATE ALL THE KINDS OF WORK
DONE IN THE HOUSE AS WELL AS YOU CAN REMEMBER- THAT IS,
COOKING, SPINNING, WEAVING, ETC.
Ans: My father did farm work. Mother did house work, cooking, spinning, weaving, making clothes for black and white.
14. DID YOUR PARENTS KEEP ANY SERVANTS? IF SO, HOW MANY?
Ans: Very few
15. HOW WAS HONEST TOIL – AS PLOWING HAULING AND OTHER SORTS OF
HONEST WORK OF THIS CLASS REGARDED IN YOUR COMMUNITY? WAS SUCH
WORK CONSIDERED RESPECTABLE AND HONORABLE?
Ans: Honorable
16. DID THE WHITE MEN IN YOUR COMMUNITY GENERALLY ENGAGE IN SUCH
WORK?
Ans: Yes they did unless they owned a number of slaves
17. TO WHAT EXTENT WERE THERE WHITE MEN IN YOUR COMMUNITY LEADING
LIVES OF IDLENESS AND HAVING OTHERS DO THEIR WORK FOR THEM?
Ans: Very few
18. DID THE MEN WHO OWNED SLAVES MINGLE FREELY WITH THOSE WHO DID
NOT OWN SLAVES OR DID SLAVE HOLDERS IN ANY WAY SHOW BY THEIR
ACTIONS THAT THEY FELT THEMSELVES BETTER THAN RESPECTABLE
HONORABLE MEN WHO DID NOT OWN SLAVES?
Ans: Yes they did
19. AT THE CHURCHES, AT THE SCHOOLS, AT PUBLIC GATHERINGS IN GENERAL,
DID SLAVEHOLDERS AND NON SLAVEHOLDERS MINGLE ON FOOTING OF
EQUALITY?
Ans: no
20. WAS THERE A FRIENDLY FEELING BETWEEN SLAVEHOLDERS AND NON
SLAVEHOLDERS IN YOUR COMMUNITY, OR WERE THEY ANTAGONISTIC TO
EACH OTHER?
Ans: Not very much friendship
21. IN A POLITICAL CONTEST IN WHICH ONE CANDIDATE OWNED SLAVES AND
ANOTHER DID NOT, DID THE FACT THAT ONE CANDIDATE OWNED SLAVES
HELP HIM TO WIN THE CONTEST?
Ans: I think not as there was so much more of non-slave house holders
22. WERE THE OPPORTUNITIES GOOD IN YOUR COMMUNITY FOR A POOR
YOUNGMAN-HONEST AND AMBITIOUS- TO SAVE UP ENOUGH TO BUY A
SMALL FARM OR TO GO INTO BUSINESS FOR HIMSELF?
Ans: No
23. WERE POOR HONEST INDUSTRIOUS YOUNG MEN WHO WERE AMBITIOUS TO
MAKE SOMETHING OF THEMSELVES ENCOURAGED OR DISCOURAGED BY
SLAVEHOLDERS?
Ans: Discouraged
24. WHAT KIND OF SCHOOLS DID YOU ATTEND?
Ans: Subscription in late winter and early spring. Free school in late summer and early fall
25. ABOUT HOW LONG DID YOU GO TO SCHOOL ALTOGETHER?
Ans: 3 or 4 months in the year
26. HOW FAR WAS THE NEAREST SCHOOL?
Ans: 2 ½ to 3 miles
27. WHAT SCHOOL OR SCHOOLS WERE IN OPERATION IN YOUR NEIGHBORHOOD?
Ans: just neighborhood schools with an academy now and then 6 to 10 miles apart
28. WAS THE SCHOOL IN YOUR COMMUNITY PRIVATE OR PUBLIC?
Ans: some public some private
29. ABOUT HOW MANY MONTHS DID IT RUN?
Ans: 3 to 5 months
30. DID THE BOYS AND GIRLS IN YOUR COMMUNITY ATTEND SCHOOL PRETTY
REGULARY?
Ans: Some did others did not
31. WAS THE TEACHER OF THE SCHOOL YOU ATTENDED A MAN OR A WOMAN?
Ans: sometimes one and then the other
32. IN WHAT YEAR AND MONTH AND AT WHAT PLACE DID YOU ENLIST IN THE
CONFEDERATE OR FED GOVT?
Ans: May 1861 in Confederate service at Norris Creek
33. STATE THE NAME OF YOUR REGIMENT AND STATE THE NAMES OF AS MANY
MEMBERS OF YOUR COMPANY AS YOU REMEMBER?
Ans: Company D 8th Tennessee: Captian G. W. Higgins, First Leut. E. S. N. Bobo, 2nd Leut.
W.C. Growell, 3rd Dvid Sulivan, Privates Jack Corigan, Rice Corigan, Tom Crenshaw,
______Curtis, Harvey Dobs, Jim Bell, P. G. Epps, Milton Dollins, Jackson Dollins, Bob
Small, Gorge Small, Wison Smith, Tom Smith, Ben Thomas, Tobe Ashby, Elisha Ashby, Jim
Sulivan, John Cunningham, Billy and Ben Thompson, P. O. Groce, John D. Yant, and others.
34. AFTER ENLISTMENT, WHERE WAS YOUR COMPANY FIRST SENT?
Ans: To Alisona and sworn into service.
35. HOW LONG AFTER YOUR ENLISTMENT BEFORE YOUR COMPANY ENGAGED IN
BATTLE?
Ans: About six months
36. WHAT WAS THE FIRST BATTLE YOU ENGAGED IN?
Ans: Near __?___eutersville West, Virginia
37. STATE IN YOUR OWN WAY YOUR EXPERIENCE IN THE WAR FROM THIS TIME
ON UNTIL THE CLOSE. STATE WHERE YOU WET AFTER THE FIRST BATTLE
WHAT YOU DID AND WHAT OTHER BATTLES YOU ENGAGED IN, HOW LONG
THEY LASTED, WHAT THE RESULTS WERE: STATE HOW YOU LIVED IN CAMP
HOW YOU WERE CLOTHED, AND HOW YOU SLEPT, WHAT YOU HAD TO EAT
AND HOW YOU WERE EXPOSED TO THE COLD HUNGERAND DISEASE. IF YOU
WERE IN THE HOSPITAL OR IN PRISON, STATE YOUR EXPERIENCE.
Ans: About this time we were cut off in the mountains of West Virginia, and wandered
around hardly knowing where we went for seven days with food finally cut out and came to
Valley Mountain we were ordered to Dublin Depot thence to South Carolina on the seacoast
for the winter fought one small engagement at Buford’s Island … There went to Corinth
thence to Chatanooga lieving there went to Kentucky fought a battle at Perryville. Afte
leaving Perryville got slightly wounded came through Cumberland Gap to Knoxville thence
back to Murfreesboro Tennessee and fought the battle of Murfreesboro was shot through the
foot after recovery went back to the Army at Chatanooga fought a battle their on at
Chicamauga went Rockyface Mountain also at Resaca Ga. thence to Atlanta Ga. where on
the 28th day of July 1864 was shot through the right hip and was unable for service anymore
I was finally sent to hospital Macon Ga. staying there until I was able to walk on crutches at
this time they gave me a furlough to Iuka Mississippi and from there I hopped home on
crutches one hundred mile to Fayetteville about the best I could do was 6 or 7 miles a day my
right foot never touched the ground.
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