This page last edited on 23 Jul 2006.
The following is a transcription of loose papers in a file folder in the Knox County Archives, never recorded in the Knox County court minutes. The county archivist tells me that this was a common practice for small lawsuits.
William Cole was my second great grandfather. In 1869, he purchased 50 acres in Dist. 19 of Knox County, Tennessee for $500. He subsequently paid taxes on 30 acres. I haven't yet determined how 50 acres on the deed turned into 30 acres on the tax rolls.
The land was on Plum Creek at Beaver Ridge and Ball Camp. The land may be found in modern times at the intersection of Lovell Road with Middlebrook Pike. There is a T intersection with Lovell Road terminating at Middlebrook Pike. Lovell Road follows Plum Creek through a gap in Beaver Ridge just before terminating at Middlebrook Pike. The Ball Camp Baptist Church is across Middlebrook Pike from Lovell Road.
In 1871, William Cole was sued for $500 on a note held by Joseph O. Greer. Joseph O. Greer was living 10 houses away from William Cole in the 1870 census (Dist. 19 of Knox County). Joseph O. Greer was living about 20 houses away from the widowed Vesta Clay England in the 1880 census (Dist. 10 of Knox County). William Cole and Vesta Clay England were married in 1865. I have found no family connection between Joseph O. Greer and William Cole.
I haven't found the note which secured the $500, but it seems extremely likely that the note represented a loan by which William Cole purchased his land. Both Joseph O. Greer and William Cole called witnesses. Joseph O. Greer was awarded $132.97 rather than $500, so I assume that both sides had points with which the court agreed. Nevertheless, William Cole defaulted on the $132.97.
William Cole's witnesses were Thos. White, Jos. Yarnell, and A. Cole.
I do not believe that Thos. White offers us any clues about William Cole's family. I think it's simply a matter of Thos. White's land being adjacent to William Cole's land.
Jos. Yarnell married Martha M. Key in 1872. Martha M. Key's second husband was a William Cole, and they were married in 1867. So at the time of her marriage to Jos. Yarnell, Martha M. Key was the widow of a William Cole. Martha M. Key's husband William Cole couldn't have been my William Cole because Martha was 22 years older than my William Cole and because my William Cole was married to my second great grandmother Vesta Clay England in 1865. But there is certainly a suggestion that my William Cole and Martha's William Cole were related.
I have not been able to identify the witness A. Cole with certainty, but here is my best guess. Elizabeth Ann (Ann) Key married George Cole in 1864. She was listed as Elizabeth Cole in the 1870 and 1880 censuses, but as Ann Cole in the 1900 census. Martha M. Key and Elizabeth Ann (Ann) Key were either sisters or first cousins. They were living next door to each other in the 1870 census, with Elizabeth Ann living with her husband George Cole and with Martha M. Key (listed in the census as Martha Cole) the widowed head of household next door. There are no other candidates for "A. Cole" to be found in either the 1870 or 1880 censuses, so I think that the witness A. Cole was Elizabeth Ann (Ann) Cole.
An additional factor in this analysis is that Martha M. Key herself purchased 25 acres on Plum Creek in 1862 that was just west of and probably adjacent to William Cole's land. Elizabeth Ann (Ann) Key might have been called as a witness rather than George Cole because she would have been around in 1862, but George and Ann were not yet married in 1862.
Warrant
Jos. O. Greer
vs
Wm Cole
Oct. 5 1871
Came to hand
Same day I sd
Executed before
G. W. Mabery
for trial on
the 14 Oct 1871
C. M. Swann
D Shrff
|
State of Tennessee, Knox County.
To any Lawful Officer of said County -- to Execute and Return:
Summon .......Wm Cole......................
...........................................
to appear before some Justice of the Peace for said County, to answer
the complaint of Joseph O. Greer
in a plea of debt due by Note under Five Hundred Dollars.
Given under my hand and seal, this 5th day of Oct. 1871
R. D. Johnson (seal)
Justice of the Peace for said County
|
Subpoena
Came to hand
Same day I Sd Thos. White
Executed on & others
the Same day
C.M. Swann
D Shrff
|
STATE OF TENNESSEE, Knox COUNTY,
To any Lawful Officer of said County -- To Execute and Return:
I Command You to Summon Thos. White, Jos. Yarnell,
A. Cole
to appear before G. W. Mabry, Esquire, at his
Office in said County, on the 28th day of Oct 1871
to testify and the truth to say in a cause depending before said Justice, between J. O.
Greer, Plaintiff, and Wm. Cole,
Defendant, on behalf of the Def
GIVEN under my hand and seal, this 14th day of Oct 1871
G. W. Mabry (seal)
Justice of the Peace for said County
|
Subpoena
S. D. Leinhart
& others
came to hime the 22
Executed as to S. D.
Leinhart the 26th of Oct
Oct the 26th 1871
A. Hodges
C K C
|
[JUSTICE'S SUBPOENA.] H. Barry, Printer, Knoxville
STATE OF TENNESSEE, Knox COUNTY,
To any Lawful Officer of said County -- To Execute and Return:
I Command You to Summon W. W. Morris, S.D. Leinhart,
& Taudy Monday
to appear before G. W. Mabry, Esquire, at his
Office in said County, on the 28th day of Oct 1871
to testify and the truth to say in a cause depending before said Justice, between J. O.
Greer, Plaintiff, and Wm. Cole,
Defendant, on behalf of the Pltff
GIVEN under my hand and seal, this 14th day of Oct 1871
G. W. Mabry (seal)
Justice of the Peace for said County
|
Bill of costs
J.O. Greer | Cleark E.W. Adkins Filing the order
vs | Justices Parpers 1.50 mat for judt of
Wm Cole | condmntn 25¢ enter judjt 25¢ orders
------------
for sale 25¢ Sgn @ sale 25¢ ????? cost on Ex. dockt 50¢ 3.00
Justice R.D Joroulman Sgn Warnt .10
"" G.W. Mabry Sgn 2 subpous 5 names 35¢ Judgt 50¢
Dochtg 15¢ fifa 20 1.20
D Shff j M Swan Ex Warnt 50¢ Ex 3 Subpas @ 25¢=75 1.25
Const A Hodge Sum 3 Wits @ 25¢=75 Levy FiFa 50 1.25
Witness S. D. Leinart 1 day @ 50¢ .50
" Jos. Yarnell 1 " " 50¢ .50
" A. Cole 1 " " 50¢ .50
" Thos. White 1 " " 50¢ .50
----
9.30
Judgt Oct 28th 1871 Fer 132.97
|
State of Tennessee, Knox County.
To any Lawful Officer of said County --- Greeting:
Whereas it appears of record that on the 28th day of Oct 1871
................... J. O. Greer ...........................
recovered a Judgement before G. W. Mabry Esq. aginst
................... Wm Cole ................................
for the som of one hundred & thirty two dollars & ninety seven cents
which remains unsatisfied. You are, therefore, hereby commanded that of the Goods and Chat-
tels, Lands and Tenements of the said ............ Wm Cole .....
stayor of Execution, if to be found in your County, you cause to be made the above mentioned
sum, with legal interest and cost, and have the money in due season ready to render to the said
....... J. O. Greer ....................................................
and make return of this writ agreeable to law.
GIVEN under my hand and seal this 6th day of Nov 1871.
G. W. Mabry (seal)
Justice of the Peace for said County.
|
Execution
15390
J. O. Greer
vs
Wm Cole
(unreadable)
came to hand the
day issued the search made and no person- S.D. Leinhart .50
al property of the defendant to be found Thos. White .50
in my county therefore leaving this fifa Jos. Yarnell .50
on the land of Wm Cole in the 19th A. Cole .50
district of Knox County ajoining the ?????? .50
lands of Thomas White and others con- ????? .15
taining thirty acres more or less ----
this 10th day of Nov 1871 4.85
A Hodges Execution .20
C K C ----
Taxes 5.05
|
In this case I render Judgment
for $132.92 Oct 31 1871
G.W. Mabrey
J. P. Clk
|
Bill of Costs
????? .10
Serving .50
6 subpoenas .45
serving 5 1.25
Thos. White .50
S. D. Leinhart .50
A. Cole .50
J. Yarnell .50
Judgment .50
Docketing .15
----
4.95
|
This page last edited on 23 Jul 2006.