Tennessee Supreme Court Cases

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View Entry Year Case Name County Cause/Crime Case Description Division Location # Pages Order
View Entry 1858 Elijah Girns v. Sterling Mayse Claiborne Defamation

The plaintiff was a man of mixed color and was publicly called "damaged" and "malatto" by the defendant. Plea of trespass on the case for false and malicious slander and defamatory words by the defendant and damages to the sum of $5,000.

 East Range: 9 Section: E Shelf: Box Number: 1161 17 Order A Copy
View Entry 1858 Heirs of Thomas McClain, by their guardian William Kincaid v. Frederick Bolinger & Jesse Rogers Claiborne Land and Title Dispute

2 folders. Heirs: minor sons Thomas, John & William. McClain's wife: Susana, who had daughter Jane from prior marriage. Henry Hunter died leaving 13 children: Joseph, Henry, Jesse, Frederick, John, Abraham, Rachael, Catharine, Barbara, Elizabeth, Belinda, Christiana, Polly (m. to Bolinger). Land on which Hunter heirs lived was sold to pay debt. McClain entered agreement with Bolinger to redeem land & recovery to Bolinger if Bolinger repaid him. Dispute re whether parties did as agreed & re title to land.

 East Range: 9 Section: D Shelf: Box Number: 1132 850 Order A Copy
View Entry 1858 Isaac VanBebber v. Joseph Ferrell & Willis D. Alder, admr. of Thomas McClain, dec. Claiborne Debt, Execution on

Ferrell became indebted to VanBebber on note & on debts of Ferrell's that VanBebber paid in his capacity as security for Ferrell, including debt Ferrell owed Trustees of Speedwell Academy. As security for debt, Ferrell assigned to VanBebber claims he had against others, including lawsuit against Thomas McClain for breach of warranty deed. McClain died while suit pending. Ferrell also assigned to VanBebber claims he acquired from John Kincaid. See also ET696; 1127; 1132; 1188; 1176.

 East Range: 9 Section: E Shelf: Box Number: 1183 76 Order A Copy
View Entry 1858 John Brogan v. Noel Seals, custodian of Savage heirs Claiborne Ejectment

Savage heirs: Peggy, Pheby, Thomas, & James Savage. Brogan also spelled Brogans.

 East Range: 9 Section: E Shelf: Box Number: 1183 26 Order A Copy
View Entry 1858 Lewis Anderson v. Bank of Tennessee et al Claiborne Land and Title Dispute

Stephen Hopkins Sr owned 500 acres comprising farm on which he lived on Big Mulberry Creek near Mulberry Gap (Hancock Cty). He died leaving children George, Nehemiah, Ailsey (married), Elizabeth, Polly (married, husband died, son Andrew Donally), Stephen Jr, William, John, & Jabez Hopkins. Land sold to Eldridge Campbell who executed note to Polly & Andrew Donally, which note they assigned to Anderson. Dispute arose regarding this note & the land, complicated by residence of some parties outside TN.

 East Range: 9 Section: F Shelf: Box Number: 1188 22 Order A Copy
View Entry 1858 Sarah Sowder v. Emanuel Sowder Claiborne Divorce

Case incomplete; bond only. Sarah, widow w/10 children (most grown), married Emanuel. They first lived at her house; after 3 days, he left, rarely returned. She tried living at his house; ultimately he sent her away. Emanuel involved with Debby Ferrell, alleged paramour before he married Sarah. When suit filed, Ferrell was living with Emanuel. Sarah asked to keep her individual property, for alimony from his property, & to go back to maiden name (Long).

 East Range: 5 Section: E Shelf: Box Number: 102 22 Order A Copy
View Entry 1858 State v. James Wells Claiborne Other

Peace Warrant. William Herrill swore out warrant, fearing Wells might destroy his property, since 3 days before that, he heard from Josiah & Elizabeth Ramsey that Wells threatened if Herrill's cow got in his field again he would make a mark on her. Herrill then found his cow had been severely cut in the hip, to the bone, apparently with a knife. Hezekiah Ruth also testified.

 East Range: 9 Section: E Shelf: Box Number: 1160 9 Order A Copy
View Entry 1858 State v. James Carpenter Claiborne Failure to Perform Official Duties

Grand jury returned presentment against A. Burchett for tippling, against G.W. Rese for nuisance, & against Carpenter as road overseer for failing to keep a public road -- the Bean's Station Turnpike -- in good repair. After hearing evidence, the court quashed the presentment as to Carpenter, which action the attorney general appealed to the SC.

 East Range: 9 Section: E Shelf: Box Number: 1160 6 Order A Copy
View Entry 1858 Samuel D. Branson, et al. v. Jacob Coppock, et al.. Claiborne Injunction

Defendants: Lucinda (Mosier) Branson, wife of defendant Samuel D. Branson- both of Union Co., TN; John Berry and his wife, Adaline (Mosier)- both of Campbell Co., TN; Louis Keys, Nancy Keys, and Henry Keys, all minors by their next friend, William Keys- also of Union Co.; Jordan Mosier of Washington Co., IN; Michael Mosier of Buchanan Co., MO; Sampson Graves and wife, Elizabeth (Mosier)- Territory of Kansas; Frederick Mosier, John S. Mosier- also of Territory of Kansas. And others. Estate of John Mosier.

 East Range: 9 Section: E Shelf: Box Number: 1177 134 Order A Copy
View Entry 1858 State v. William W. Hollingsworth Claiborne Disturbance of Public Worship

A Methodist congregation was having a church trial of Hollingsworth, who had been accused of speaking evil of some of the ministers of the church. In his defense, Hollingsworth stated that everything he said was true, after which the disturbance occurred. The jury found him guilty and fined him $10.

 East Range: 9 Section: E Shelf: Box Number: 1160 12 Order A Copy
View Entry 1858 State v. John M. Shaw Claiborne Burglary and Larceny

Aliases: Martin Shaw, Martin Phillips, Martin Goin; Victim: William Whited; Items stolen: 1 bank note for 50 dollars, 10 bank notes for 20 dollars, 20 bank notes for 10 dollars, 100 bank notes for 5 dollars, 40 bank notes for 3 dollars, 30 bank notes for 2 dollars, 50 bank notes for 1 dollar, for a total of 1180 dollars

 East Range: 9 Section: E Shelf: Box Number: 1162 27 Order A Copy
View Entry 1858 Solomon Jones v. John Kincaid, et al. Claiborne Attachment

Jones, of Missouri, had recovered judgments against Joseph Ferrell, formerly of Claiborne County. Later Ferrell recovered several negroes which were attached by Peter Sharp & Co. for a debt held against Ferrell. The slaves were taken into the court's custody and placed into the hands of John Kinkaid [Kincaid]. Jones filed attachment bills against Kincaid, Ferrell, and Rodden G. Ferrell, James W. Campbell. Ferrell had advertised and sold the slaves (who are named).

 East Range: 9 Section: E Shelf: Box Number: 1183 62 Order A Copy
View Entry 1858 Thomas McClain, John McClain & William McClain, minors, by their guardian William Kincaid v. Willis D. Alder, admr of Thomas McClain, dec, B. C. Bratcher & John Kincaid Claiborne Slaves, Ownership of

Follow-up to previous litigation involving Pla.' claims that Alder mismanaged their dad's estate. One such previous lawsuit involved a slave (Sally) who belonged to the estate. (See related 1846 case: Wm Bowman & wife Susannah Bowman v. Willis D. Alder, adm, ET Box 1126.) Pla. successfully recovered the slave, but now John Kincaid (who was assigned judgments Frederick Bolinger got against Alder as admr) is trying to execute judgments against Sally. Hence this suit. Alder absconded to Texas.

 East Range: 9 Section: F Shelf: Box Number: 1188 28 Order A Copy