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Elijah Cross et. al. vs. Joseph Cross et. al., 1888, Anderson County, Tennessee

Descendants of William Cross, the Revolutionary War drummer boy, were feuding over the final disposition of William's land. William had died in late 1844. His will was proved in open court on 3 Jan 1845, and was ordered to be recorded in the settlement book. However, there is no extant record of William's will. It seems unlikely that the will was ever recorded. If it had been properly recorded, this lawsuit probably would not have been necessary.

This lawsuit provides a pretty good roadmap as to which people were William's descendants. However, it does not resolve all mysteries. For example, it is not clear in every case who was a plaintiff and who was a defendant.

Two Elijah Crosses were mentioned in the lawsuit. The one who was called "Elijah Cross Sen." was the son of William Cross the drummer boy. The one who was called "Elijah Cross" or "Elijah J. Cross" was the grandson of William Cross the drummer boy. However, the two Elijahs were not father and son. Rather, they were uncle and nephew. The younger Elijah Cross was the son of David L. Cross. It was the younger Elijah Cross who was the plaintiff for whom the lawsuit was named.

The defendant Joseph Cross was Joseph H. Cross, son of John T. Cross and Genetta Underwood. John T. Cross was the son of Elijah Cross and Mary (Polly) Winters, where Elijah was the "Elijah Cross Sen." who was mentioned in the lawsuit. The elder Elijah Cross had died prior to the lawsuit. John T. Cross had also died prior to the lawsuit. John T. Cross deceased and the plaintiff Elijah J. Cross were first cousins. So if you take a narrow view of the defendants "Joseph Cross et. al." it might appear that Elijah was suing the heirs of his cousin John T. Cross. However, as you look into all the names in the lawsuit, you realize it wasn't just Elijah J. Cross vs. Joseph Cross and other heirs of John T. Cross. Rather it was Elijah J. Cross vs. all the heirs of William Cross the drummer boy.

Elijah J. Cross was inherently entitled to a share of William Cross's land because William and left a share to his son David L. Cross and David L. Cross had left that share to his son Elijah J. Cross. However, Elijah J. Cross apparently wanted more than just his share because he had lived on the land and paid taxes on it for a number of years. The plaintiff was listed as "Elijah Cross et. al." but it is not clear who else (if anybody) was a plaintiff along with Elijah J. Cross.

Chancery Court, Rule Docket Book #1, Anderson County, Tennessee
page 546

Elijah Cross et. al.)  Orig Bill filed June 17, 1887
       vs.          )  Prosecution Bond $250.00
Joseph Cross et. al.)  C.J. Sawyer, secty

1887
Sept 13  Sub to Aus returned with Service acknowledged by A. L. Cross & Frony Scarbrough
         Sub to Aus with 1 copy for Jane Cross issued to Shff of And. Co & handed to E Cross
          "   "  "  with Copy for Wm. Scarbrough & mailed to Shff of Rhea Co with $1.00 paid by E. Cross
     15   "   "  "  for Jane Cross ret endorsed as follows: "Executed as commanded by
         summoning the with named defendant and leaving copy of Subp with her
         "This 13 day of Dept. 1887.  Elijah Cross special dept."
Dec  15  Sub to Aus with 1 copy for Wm. Scarbrough issued to Shff
         of Roane County & handed to Elijah Cross
     27  Sub to Aus for W. Scarbrough ret. acknowledged by W. Scarbrough

1888
Mch 19   Aus of Guard ad litem filed & Sols notified
July 7   Report of sale filed
  "  "   Report of Taxes filed
     16  Note to take account for Elijah Cross issued
         Sub ad test for Elijah Cross issued
     31   "      "          "     "   returned executed by S. D. Duncan
Aug   1  Dep of Elijah Cross with Exhibits 1,2,3,4,5,6,7,8,9,10,11,12 filed
     13  Report of Court as to heirs filed
     18  Notice to Elijah Cross ret. executed by S.D. Duncan

Chancery Court, Rule Docket Book #1, Anderson County, Tennessee
page 547

1887
June 28 Sub to Aus with 7 copies & copy of bill issued to Shff
of Anderson Co. & handed to R. Rutherford
" Sub to Aus with 3 copies & copy of bill issued to Shff
of Roane County & handed to C.J. Sawyer
" Sub to Aus with 2 copies & copy of bill issued to Shff
of Knox County & handed to C.J. Sawyer
" Sub to Aus with 1 copies & copy of bill issued to Shff
of Rhea County & handed to C.J. Sawyer $1.00 pd by E. Cross
" Sub to Aus with 1 copies & copy of bill issued to Shff
of Cumberland County & handed to C.J. Sawyer
29 In this cause it appearing to the clerk & master from the bill
which is sworn to that Joseph Cross, Mary Goss, Jacob Goss,
M.L. Brooks, Louisa Brooks, James Cross and his heirs, John
Cross & his heirs Arbezine Marshall, Mark Marshall and Nancy
Leath and her heirs are all non-resident of the State of
Tennessee so that an ordinary process of law cannot be
Serviced up them. It is therefore ordered that publication
be made for four Successive weeks in the Oliver Springs
News a newspaper published in Anderson County, Tenn
notifying the Said non-resident defendant to appear before
the clerk & master at his office in Clinton, Tenn. on or
before the first Monday of August next and make defense
to Said bill, or the same will be taken for confession and
the cause set for hearing ex parte as to them in Said Court.
July 15 Sub to Aus to Knox Co ret by Elijah Cross with Service acknowledged
21 " " " to Anderson CO returned endorsed as follows: "Came to hand June
28, 1887. Executed by delivering a copy of the original bill to one of the within named
parties and also delivering a true copy of the written writ to each one of the Defendants in
case and returned on the first Monday of August 1887. T.C. Scarbrough Depty Shff"
" 23 Sub to Aus issued to Sheriff of Anderson Co & handed to R Rutherford
Aug 1 Sub to Aus to Rhea Co. returned endorsed as follows: "Came to hand
July 10, 1887. Search made and no such party to be found in my
County this July 29nd 1887. J.H. Galbraith Sheff"
Sub to Aus with 3 copies issued to Shff of Roane Co. & handed to E. Cross
" 1 " " " to Cumberland Co returned endorsed as follows: "We
acknowledge service of copy of Bill & Subp to subscriber in this cause this 7 day
of July 1887. W.A. Cross, J.F. Cross"
8 Sub to Aus for Keiths children returned endorsed as follows:
"Came to hand Aug the 1st 1887 executed by summoning all of the
defendants as commanded and returned the 2 day of August 1887.
T.C. Scarbrough
deputy Shff

Anderson County, Tennessee, Chancery Court, Vol.3, page 119, Tuesday, September 20th, 1887

Elijah Cross et. al.)
vs.                 )
Joseph Cross et. al.)   In this cause alias process is awarded against the
defendant Wm. Scarbrough.

(William Scarbrough) There were two William Scarbroughs in the lawsuit. One of the William Scarbroughs was the son of Albert Allen Scarbrough and Mary Ervin, and was the husband of Safrona C. (Froney) Cross. The parents of Albert Allen Scarbrough are not known, but it seems unlikely that he was from the Bucks County, Pennsylvania line of Scarbroughs who were so prevalent in Anderson County. The other William Scarbrough was William V. (Will) Scarbrough. Will Scarbrough was the son of James Scarbrough and Anna (Annie) Rice, and was the husband of Sarah E. Cross. Will Scarbrough and his father James were from the Bucks County, Pennsylvania line of Scarbroughs.

There does not seem to be enough information in the lawsuit to determine which of the two William Scarbroughs was the one against whom alias process awarded.

Anderson County, Tennessee, Chancery Court, Vol.3, page 130, Monday, March 19th, 1888

Elijah Cross et als.)  This cause coming on for orders &
vs.                 )  motions on this 19th day of March 1888
Joseph Cross et als.)  before the Hon. H.R. Gibson Chancellor
on the bill & c from which it appears that Henry R. Keith, Joseph H. Keith,
Mary E. Keith, the heirs of James Cross whose ages and names are unknown and
the heirs of Nancy Leath whose names and ages are unknown and cannot be
ascertained on diligent inquiry, the Chancellor is pleased to approve H.S.
Fowler a Solicitor of the court guardian ad litem and solicitor for all said
minor defendants & the said J.S. Fowler in open court accepts said
appointment.

(Henry R. Keith, Joseph H. Keith, Mary E. Keith) The three Keith children were the children of Calvin Keith and Anna J. (Annie) Cross. Annie Cross was the daughter of Alfred Carter Cross and Zipporah Peters. As such, she was the granddaughter of William Cross the drummer boy and the first cousin of the plaintiff Elijah J. Cross. Annie had died about 1879, which is why it was necessary for the court to appoint legal counsel for her children.

(James Cross) James Cross is a mystery. It is not known if reference was being made to a son or grandson of William Cross the drummer boy. I am not aware of any grandson of William Cross the drummer boy who was named James Cross. There is no proven son of William Cross the drummer boy named James. But there was a James Cross in the 1830 Anderson County census who was living somewhat near to William Cross the drummer boy and who was the right age to have been the son of William. For now, this is the best clue we have as to who James Cross was.

(Nancy Leath) Nancy Leath was born in 1812. She was Nancy Ann Cross, daughter of William Cross the drummer boy and widow of Adison A. Leath. Nancy was living in Ballard County, Kentucky in the 1880 census and died and was buried in Carlisle County, Kentucky in 1900. The lawsuit speaks of her as if she were no longer living in 1888. The family apparently had lost track of her. Any minor heirs she would have had in 1888 would have been her grandchildren or even great grandchildren.

Anderson County, Tennessee, Chancery Court, Vol.3, page 130, Monday, March 19th, 1888

Elijah Cross et al.)  This cause coming on for orders re on
vs.                )  this 19th day of March 1888 before the
Joseph Cross et al.)  Hon. H.R. Gibson Chancellor re on the
bill subpoenas to answer & order of Publication duly and legally made from
all of which it appears that process has been duly Served & publication duly
made as to the following defendants viz: Joseph Cross, Abraham Cross, Mary
Goss, Jacob Goss, W.L. Brooks, Louisa Brooks, Jacob Cross, James Cross, John
Cross, Sarah Scarbrough, William Scarbrough, Mary Grills, James Grills,
Alexander Cross, John Peters, Asberine Peters, Josephine Trotter, Wm.
Trotter, Arbazine Marshall, Mark Marshall, John F. Cross, Froney Scarbrough,
Wm. Scarbrough, & Nancy Leath and said defendants having failed to appear and
make defense within the time required by law and are wholly in default on
motion of complainants Judgment by default is hereby entered against the
above named defendants & each of them is set for hearing exparte as to them.

(Joseph Cross, Abraham Cross, Mary Goss, Jacob Goss) Joseph H. Cross, Abraham Lincoln Cross, Mary Jane Cross, and Jacob H. Cross were children of John T. Cross and Genetta Underwood. John T. Cross was the son of Elijah Cross (the "Elijah Cross Sen." of the lawsuit) and Mary (Polly) Winters. Mary Jane Cross married Benjamin Franklin Goss in 1884, and hence was listed in the lawsuit as Mary Goss. I have reluctantly come to the conclusion that "Jacob Goss" was a typographical error on the part of the clerk. There is no record that Benjamin Franklin Goss was ever known as Jacob. Hence, "Jacob Goss" was not the husband of Mary Jane Cross. There is no record of any Jacob Goss who was associated with the Cross family. Indeed, I can find no record of any "Jacob Goss" anywhere in Tennessee in the timeframe of the lawsuit. And Jacob Cross was apparently still living at the time of the lawsuit. Hence, the best explanation seems to be that the clerk intended to write "Jacob Cross" rather than "Jacob Goss".

(W.L. Brooks, Louisa Brooks) William L. Brooks was the husband of Louisa Leath. Louisa was the daughter of Willis Leath and Ruthie Keith. Willis Leath was the father of Adison A. Leath and the father-in-law of Nancy Ann Cross. Tax records show that Willis Leath paid taxes on Nancy Ann Cross's share of William Cross's land from 1860 to 1865. Anderson County tax records are missing from 1865 to 1885. It appears that Louisa Leath Brooks had inherited a claim on William Cross's land from her father Willis Leath.

(Jacob Cross) Jacob Cross was Jacob Benton Cross, son of Franklin W. Cross and Virginia Florence Laymance. Franklin W. Cross was the son of Elijah Cross and Mary (Polly) Winters. Elijah Cross was the son of William Cross the drummer boy. In 1888, Jacob Benton Cross was living in Monroe County, Indiana. Franklin W. Cross had died in 1862.

(John Cross) John Cross is a mystery.

(Sarah Scarbrough, William Scarbrough, Mary Grills, James Grills, Alexander Cross, John Peters, Asberine Peters, Josephine Trotter, Wm. Trotter, Arbazine Marshall, Mark Marshall, John F. Cross) These were sons, daughters-in-law, daughters, and sons-in-law of Alfred Carter Cross and Zipporah Peters. Alfred Carter Cross was the son of William Cross the drummer boy. Sarah E. Cross married William V. (Will) Scarbrough, son of James Scarbrough and Anna (Annie) Rice. Mary J. Cross married James Grills. William Alexander (Alex) Cross married Martha E. Herrell. However, Martha E. Herrell was not listed as a defendant. Hulda Asberine Cross married John Henry Peters, son of John W. Peters and Ruby Smith. Some records list her name as Hulda (or Huldie or Huldey or Hulday). Other records list her name as Asberine or Asby. Josephine (Josie) Cross married William Merion (Bill) Trotter, son of Amos Ranier Trotter and Mary Gamble. Arvazine Cross married Mark Marshall. John F. Cross married Rachel Todd, daughter of William G. Todd and Amanda Jane Gobble. However, Rachel Todd was not listed as a defendant.

(Froney Scarbrough, Wm. Scarbrough) Safrona C. (Froney) Cross married William Scarbrough, son of Albert Allen Scarbrough and Mary Ervin. The parents of Albert Allen Scarbrough are not known, and it seems unlikely that he was of the line of Scarbroughs from Bucks County, Pennsylvania who were so prevalent in Anderson County. Safrona C. (Froney) Cross was the daughter of Mary (Polly) Cross. Mary (Polly) Cross is a mystery. She was an heir of William Cross the drummer boy. It seems extremely likely that she was either a daughter or daughter-in-law of William Cross the drummer boy. If Mary (Polly) Cross was a daughter of William Cross the drummer boy, then Froney was apparently born out of wedlock. If Mary (Polly) Cross was a daughter-in-law of William Cross the drummer boy, then her surname is not known and the name of her husband (a son of William Cross) is not known. Mary (Polly) Cross had at least two and probably three children. It seems unlikely that she would have had that many children born out of wedlock. On the other hand, Froney was born in 1843 and there were no men in the home of William Cross the drummer boy in the 1840 census who could have been Mary's husband.

(Nancy Leath) Nancy Ann Cross was the daughter of William Cross the drummer boy and the widow of Adison A. Leath. In 1888, she was living in Kentucky.

Anderson County, Tennessee, Chancery Court, Vol.3, page 142, Tuesday, March 20th, 1888

Elijah Cross et als.)  This cause coming on to be further
vs.                 )  heard on this 20th day of March 1888
Joseph Cross et als.)  before the Hon. H.R. Gibson Chancellor
on the bill exhibits & Judgment pro confesso heretofore regularly taken &
entered in this cause & the answer of the Guardian ad litem from all of which
it appears that the land described in the bill is owned by the parties to
this suit & that they are entitled to have the same partitioned or sold and
the proceeds arising from the sale divided among the parties entitled
thereto.  The chancellor is therefore pleased to order & decree that the
Clerk & Master hear proof and report to the present term of this court.
1st Is said land so situated that partition thereof can be ha??
2nd Is it manifestly to the interest of the parties that said land land (sic)
be sold instead of partitioned & the proceeds arising from the sale be
divided among the parties
3rd What interest have the parties to this suit in the land sought to be
partitioned and how evidenced

Anderson County, Tennessee, Chancery Court, Vol.3, page 155, Thursday, March 22th, 1888

Elijah Cross et als.)  This cause coming on to be further
vs.                 )  heard on this 22nd day of March 1888
Joseph Cross et al. )  before the Hon. H.R. Gibson Chancellor
on the bill answer of the Guardian ad litem Judgment pro confesso heretofore
regularly taken & entered in this cause & the report of the Clerk & Master
made to the present term of this court from which it appears that said land
is so situated that advantageous partition thereof cannot be had, that it is
manifestly to the interest of all the parties to sell said land & divide the
proceeds arising from the sale of said land among the respective owners
thereof.
And said report being unexcepted to is by the court in all things confirmed.
The Chancellor is therefor pleased to order and decree that the Clerk &
Master of this court after advertising & giving notice as required by law
proceed to sell said land at the Court house in Clinton to the highest best
and last bidder on a credit of six and twelve months except the sum of ten
percent which will be required to be in hand taking purchasers not with
approved security and retain an lien on the land as further Security & report
his action to the next term of this Court.  The Chancellor is further pleased
to order that the Clerk & Master hear proof & report to the next term of this
court what share is each heir respectively entitled to in said land or the
funds arising from the sale thereof.

Clinton Gazette, 3/23/1888, page 3

In the case of Elijah Cross vs Joseph Cross et. al. land was ordered sold.

This is from a newspaper article summarizing the activities of the Chancery Court. The article doesn't provide any additional information beyond what was in the court record.

Anderson County, Tennessee, Chancery Court, Vol.3, page 174, Wednesday, September 19th, 1888

Elijah Cross et als.)  Be it remembered that this cause came on
vs.                 )  to be further heard and determined on
Joseph Cross et al. )  this 19th day of September 1888 before
the Hon. H.R. Gibson Chancellor & c on the bill answer of the Guardian ad
litem judgment pro confesso heretofore regularly taken & entered in this
cause the proof on file & the records of the cause and the report of the
Clerk & Master made the present term of this court which report is in the
words and figures to wit:

Elijah Cross et al.)  Report of sale to Sept term 1888
vs.                )  Pursuant to an order of the Chancery court
Joseph Cross et al.)  at Clinton Tenn. Made at the March term 1888 in the
above entitled cause directing the Clerk & Master to advertise and sell the
land described in the pleadings in the cause.  I would respectfully report
that after advertising according to law I proceeded to sell said land at
public auction at the court house door in Clinton on the 2d day of July 1888
and at said sale J.L. Pyatt became the purchaser at the price of $600.00 he
being the highest and best bidder paying into the office $60.00 which is ten
percent of his bid and executing his two notes for $270.00 each due in six
and twelve months respectively with J.S. Garrison, D.H. Gibson, and F.C.
Tunnell as his securities and a lien was retained on the premises sold as
further security until the purchase money shall be fully paid.
                                   Respectfully submitted
                                       J.C. Scruggs clerk
and said report being unexcepted to is by the Chancellor in all things
confirmed.
It is therefore ordered & decreed that all the right title interest that
Elijah Cross, Zippora Cross, John E. Cross, J.W. Langley, S.F. Langley, T.L.
Love, A.W. Love, Joseph Cross, Abraham Cross, Mary Goss, Jacob Goss, W.L.
Brooks, Louisa Brooks, Jacob Cross, James Cross & his heirs whose names &
residence after dilligent (sic) query cannot be ascertained, John Cross & his
heirs whose names cannot be ascertained after dilligent (sic) inquiry, Sarah
Scarbrough, Wm Scarbrough, Mary Grills, James Grills, Alexander Cross, John
Peters, Asberine Peters, Henry R. Keith, Joseph H. Keith, Mary Keith,
Josephine Trotter, Wm Trotter, Arbazine Marshall, Mark Marshall, John F.
Cross, Froney Scarbrough, Wm Scarbrough, Nancy Leath & her heirs whose names
cannot be ascertained after dilligent (sic) inquiry, Elkany Cross & his heirs
whose names are unknown, have in and to the lands described in the pleadings
be and the same is hereby divested out of them and each of these ? the title
to said land is hereby vested in J.L. Pyatt the purchaser as an inheritance
is fee simple subject however to a lien for the unpaid purchase money & when
fully paid the C & M will make said purchaser a deed to said lands on payment
of the legal fee therefor.

(Elijah Cross) Elijah J. Cross was the son of David L. Cross and Mary (Polly) Himes. David L. Cross was the son of William Cross the drummer boy.

(Zippora Cross) Zipporah Peters was the daughter of Thomas Peters and Sarah (Sallie) England, and the widow of Alfred Carter Cross. Alfred Carter Cross was the son of William Cross the drummer boy.

(John E. Cross) John E. Cross was the son of Jesse C. Cross and Amelia (Milly) England. Jesse C. Cross was the son of William Cross the drummer boy.

(J.W. Langley, S.F. Langley, T.L. Love, A.W. Love) Sarah Florence Cross and Avaline W. Cross were the daughters of Jacob Benton Cross and Louisa Ann Laymance. Jacob Benton Cross was the son of Elijah Cross and Mary (Polly) Winters. Elijah Cross was the son of William Cross the drummer boy. Sarah Florence Cross married James Washington Langley, son of John Langley and Malinda Ashely. Avaline W. Cross married Thomas Levege Love.

(John Cross) John Cross is a mystery.

(Sarah Scarbrough, Wm Scarbrough, Mary Grills, James Grills, Alexander Cross, John Peters, Asberine Peters, Henry R. Keith, Joseph H. Keith, Mary Keith, Josephine Trotter, Wm Trotter, Arbazine Marshall, Mark Marshall, John F. Cross) These were sons, daughters-in-law, daughters, sons-in-law, and grandchildren of Alfred Carter Cross and Zipporah Peters. Alfred Carter Cross was the son of William Cross the drummer boy. Sarah E. Cross married William V. (Will) Scarbrough, son of James Scarbrough and Anna (Annie) Rice. Mary J. Cross married James Grills. William Alexander (Alex) Cross married Martha E. Herrell. However, Martha E. Herrell was not listed in the lawsuit. Hulda Asberine Cross married John Henry Peters, son of John W. Peters and Ruby Smith. Some records list her name as Hulda (or Huldie or Huldey or Hulday). Other records list her name as Asberine or Asby. Anna J. (Annie) Cross married Calvin Keith. Henry R. Keith, Joseph H. Keith, and Mary Keith were Annie Cross's children. She died about 1879. Josephine (Josie) Cross married William Merion (Bill) Trotter, son of Amos Ranier Trotter and Mary Gamble. Arvazine Cross married Mark Marshall. John F. Cross married Rachel Todd, daughter of William G. Todd and Amanda Jane Gobble. However, Rachel Todd was not listed in the lawsuit.

(Nancy Leath) Nancy Ann Cross was the daughter of William Cross the drummer boy and the widow of Adison A. Leath. In 1888, she was living in Kentucky.

(Elkany Cross) Elkanah Cross is a mystery. William Cross the drummer boy had a grandson and a great grandson named Elkanah Cross. But neither one of them appears to have been a good candidate to have a claim against William's land. Elkanah Dulaney Cross was the son of David L. Cross, son of William Cross the drummer boy. Elkanah D. Cross was the son of Samuel Ray Cross, son of David L. Cross, son of William Cross the drummer boy. But David L. Cross left his share of William Cross's land to his son Elijah J. Cross. The best candidate appears to have been Elkanah D. Cross who was born about 1814 in Tennessee, and who was enumerated in the 1840 and 1850 censuses in Calhoun County, Illinois.

It further appearing to the Court that the C & M in obedience to an order
made at the last term of this court has reported the amounts due each heir as
follows: To Elijah J. Cross 29/99 of the fund arising from sale of land: to
the heirs of Elijah Cross Sen. Who are Joseph Cross, Abraham Cross, Mary
Goss, & Jacob Goss 1/9 of said fund: the heirs of Jessie (sic) Cross who are
John E. Cross & Sarah Letsinger 1/9 of said fund: The heirs of James Cross
whose names are unknown 1/9 of said fund: John Cross & his heirs are unknown
1/9 of said fund: Nancy Leath or her heirs 2/99 of said fund: The heirs of
Polly Cross who are Jane Cross and Froney Scarbrough 2/99 of said fund: The
heirs of Elkany Cross 1/9: the heirs of Alfred Cross who are Sarah
Scarbrough, Mary Grills, Alex Cross, Asberine Peters, Josephine Trotter,
Arvazine Marshall, John F. Cross, and the heirs of Anna Keith decd. who are
Henry R. Keith, Joseph H. Keith, & Mary E.J. Keith are entitled to 1/9 of
said fund, and ?? Elijah Cross has paid taxes on said land to the amount of
$49.00 and is entitled to have refunded to him of that amount $33.98 and said
report being unexcepted to is by the court in all things confirmed & the C &
M will pay said sum of $33.98 to Elijah Cross Jn. To J.A. Fowler Guardian ad
litem & solicitor $5.00.  To C.J. Sawyer Sol for complainants $40.00 and the
remainder after payment of costs will be paid to the parties entitled thereto
as directed in this decree & writ of possession will issue on application of
the purchaser to place him in peacable (sic) possession of said land.

(Elijah Cross) Elijah J. Cross was the son of David L. Cross and Mary (Polly) Himes, and the grandson of William Cross the drummer boy. He apparently received an extra share because he had lived on the land and paid taxes on the land.

(heirs of Elijah Cross Sen. Who are Joseph Cross, Abraham Cross, Mary Goss, & Jacob Goss) Joseph H. Cross, Abraham Lincoln Cross, Mary Jane Cross, and Jacob H. Cross were children of John T. Cross and Genetta Underwood. John T. Cross was the son of Elijah Cross ("Elijah Cross Sen.") and Mary (Polly) Winters. Mary Jane Cross married Benjamin Franklin Goss in 1884, and hence was listed in the lawsuit as Mary Goss. I have reluctantly come to the conclusion that "Jacob Goss" was a typographical error on the part of the clerk. There is no record that Benjamin Franklin Goss was ever known as Jacob. Hence, "Jacob Goss" was not the husband of Mary Jane Cross. There is no record of any Jacob Goss who was associated with the Cross family. Indeed, I can find no record of any "Jacob Goss" anywhere in Tennessee in the timeframe of the lawsuit. And Jacob Cross was apparently still living at the time of the lawsuit. Hence, the best explanation seems to be that the clerk intended to write "Jacob Cross" rather than "Jacob Goss".

(the heirs of Jessie (sic) Cross who are John E. Cross & Sarah Letsinger) John E. Cross and Mary/Sarah E. Cross were the children of Jesse C. Cross and Amelia (Milly) England. Jesse C. Cross was the son of William Cross the drummer boy. John E. Cross married Nancy A. Letsinger. Mary/Sarah E. Cross married Nancy A. Letsinger's brother Jesse I. Letsinger. Nancy and Jesse Letsinger were children of Daniel (Dan) Letsinger.

(John Cross) John Cross is a mystery.

(Nancy Leath) Nancy Ann Cross was the daughter of William Cross the drummer boy and the widow of Adison A. Leath. In 1888, she was living in Kentucky.

(heirs of Polly Cross who are Jane Cross and Froney Scarbrough) Safrona C. (Froney) Cross married William Scarbrough, son of Albert Allen Scarbrough and Mary Ervin. The parents of Albert Allen Scarbrough are not known, and it seems unlikely that he was of the line of Scarbroughs from Bucks County, Pennsylvania who were so prevalent in Anderson County. Safrona C. (Froney) Cross and Emilia Jane (Jane) Cross were the daughters of Mary (Polly) Cross. Mary (Polly) Cross is a mystery. She was an heir of William Cross the drummer boy. It seems extremely likely that she was either William's daughter or daughter-in-law. If Mary (Polly) Cross was a daughter of William Cross the drummer boy, then Froney was apparently born out of wedlock. If Mary (Polly) Cross was a daughter-in-law of William Cross the drummer boy, then her surname is not known and the name of her husband (a son of William Cross) is not known. Mary (Polly) Cross had at least two and probably three children. It seems unlikely that she would have had that many children born out of wedlock. On the other hand, Jane was born in 1832, Froney was born in 1843, and there were no men in the home of William Cross the drummer boy in the 1840 census who could have been Mary's husband.

(heirs of Alfred Cross who are Sarah Scarbrough, Mary Grills, Alex Cross, Asberine Peters, Josephine Trotter, Arvazine Marshall, John F. Cross, and the heirs of Anna Keith decd. who are Henry R. Keith, Joseph H. Keith, & Mary E.J. Keith) These were sons, daughters-in-law, daughters, sons-in-law, and grandchildren of Alfred Carter Cross and Zipporah Peters. Alfred Carter Cross was the son of William Cross the drummer boy. Sarah E. Cross married William V. (Will) Scarbrough, son of James Scarbrough and Anna (Annie) Rice. Mary J. Cross married James Grills. William Alexander (Alex) Cross married Martha E. Herrell. Hulda Asberine Cross married John Henry Peters, son of John W. Peters and Ruby Smith. Some records list her name as Hulda (or Huldie or Huldey or Hulday). Other records list her name as Asberine or Asby. Josephine (Josie) Cross married William Merion (Bill) Trotter, son of Amos Ranier Trotter and Mary Gamble. Arvazine Cross married Mark Marshall. John F. Cross married Rachel Todd, daughter of William G. Todd and Amanda Jane Gobble. Anna J. (Annie) Cross married Calvin Keith. Henry R. Keith, Joseph H. Keith, and Mary Keith were Annie Cross's children. She died about 1879.

Anderson County, Tennessee, Chancery Court, Vol.3, page 237,
Tuesday, Sept. 17, 1889

Elijah Cross et al.)  In this cause the death of J. E. Cross
vs.                )  one of the defendants was suggested and
Joseph Cross et al.)  proven in open Court: and it appearing to the
satisfaction of the Court that Nancy A. Cross has been duly qualified and
given bond as the Executrix of J.E. Cross decd. the Chancellor is pleased to
order and decree that C & M pay said Nancy A. Cross Executrix & C the sum of
twenty three dollars & 43 ($23.43) the amount due the estate of J.E. Cross
decd.  The C will also pay the taxes on said land for the year 1888 out of
the funds arising from said sale of the land said tax being a lien on the
land.

(Nancy A. Cross and J. E. Cross) John E. Cross was the son of Jesse C. Cross and Amelia (Milly) England. Jesse C. Cross was the son of William Cross the drummer boy. John E. Cross married Nancy A. Letsinger. Nancy was the daughter of Daniel (Dan) Letsinger.

Clerk's Financial Report
The Clerk & Master this day submitted his report of the amount of money and
notes in his office and the causes to which the several sums belong, which
report is in the words and figures following to wit:

Elijah Cross et al.)
vs.                )   Cash                   $435.54
Joseph Cross et al.)



Anderson County, Tennessee, Chancery Court, Vol.3, page 322,
Wednesday, September 17, 1890

Elijah Cross et als.)  In this cause, it appearing to the
vs.                 )  Chancellor that Annie Keith the mother
Joseph Cross et al. )  of Henry R. Keith, Joseph H. Keith, & Mary E.J. Keith
is dead and they are now living with their father Calvin Keith, who is a man
of very little property and is supporting said minor children and that there
is now in the hands of C & M the sum of five dollars and eighty five cents
($5.85) arising from sale of land in this cause due said minor children:  The
Court is pleased to direct that the C & M pay said sum to Calvin Keith the
father of said minors without bond to be by here used in their support.

(Annie Keith the mother of Henry R. Keith, Joseph H. Keith, & Mary E.J. Keith) Anna J. (Annie) Cross married Calvin Keith. Henry R. Keith, Joseph H. Keith, and Mary Keith were Annie Cross's children. She died about 1879.

Anderson County, Tennessee, Chancery Court, Vol.3, page 412,
Tuesday, Nov 13, 1891

Elijah Cross et al.)  In this cause it appearing to the court
vs.                )  from the Clerk and Master's financial
Joseph Cross et al.)  report that there is a sum of $156.86 cash in his hands
and it further appearing that said sum belongs to non-resident heirs it is
therefore ordered by the court that the C & M loan said sum taking therefore
a note or notes with good and solvent security drawing 6% interest and
payable on demand.

This page last edited on 06 Jul 2016.