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| E.S. Johnson & Wife Vs I.W. Campbell et all 1892 - Land Dispute |
The Hancock County Chancery court records contain many disputes and as I looked at images of the file folders, I saw a name that sounded familiar --E. S. Johnson & Wife. I decided to read through a few pages that began in 1892. Who was this party of four siblings? McHenry, James, Noah and Margaret Sutton.
There are about 259 scanned images in this file and the documents were not transcribed so I took a stab at trying to transcribe a few pages and try to discern why the lawsuit occurred (if you see a line then that means I couldn't figure out the word and I may be incorrect in some of what I tried to transcribe so forgive me).
James Sutton vs E. S. Johnson} In the Chancery Court, Hancock County, Tenn.
On the first day of October, 1889 a promise to pay James Sutton fifty dollars for value received of him this June the 2nd1888. E. S. Johnson {seal} this note given for land. Attest: Jerry Forguson. James Sutton a citizen of Fannin County, state of Texas humbling complaining shares to the Court that on the 21stday of June 1888 one E. S. Johnson executed and delivered to him his promising note for the sum of $50.00 due and payable Oct. 1st1888, which note with intent and minus payment. This note is again his part consideration of a tract of land sold to said Johnson by your Orator, and his two brothers, McHenry Sutton and Noah Sutton, all the purchases may has been paid except the $50.00 note held by your orator. The tract of land sold to said Johnson lies in the 7thdistrict of Hancock County adjoining the lands of Noah Mills and others on continuous 50 acres.
A deed with covenants of general warranty has been executed and duly acknowledged and is on file & in this cause before find hearing due your orator is advised that he has the right to cancel unto this amount and enforce his vendor lien in said land and have the property sold in satisfaction of the note given for the promissory. The note is herewith file marked exhibit “A” and made part of this bill (not to be _____).
The persons considered the payer of Complt is that process may issue and that E. S. Johnson a citizen of Hancock County be made a defendant to this bill and respond to the same the said but an answer under with is provided under the statement and on final being Complt prays that the land for which the note was executed as afor enscribed and as now fully described in the deed which will be filed may be sold on a credit of not less than six months and in Sum of the equity of vs less if time to satisfy the note of $50.00 and the intent that being is due hereon at the time of entering the final decree and the court of the cause amt if your orator has his way they presentation his money he prays for all sent on the fourth and general relief to which he says be entitled and will see payment.
The Title
We Noah Sutton and wife Aley Sutton, James Sutton and wife Martelia Sutton, McH. Sutton and wife Sarah Sutton have this day bargained and sold and do hereby transfer and convay to Elijah S. Johnson and his heirs and assigns forever for the consideration of Two hundred dollars to us in hand pade a sertan Track or Parsel of Land in the State of Tennessee Hancock County District No. 7 containing By Estimation Fifty Acres be the same more or less said land being all of our intrest in our fathers Land James Sutton Decd and Bounded as follows Beginning on a black oak Dogwood Sarais Bush near the top of the Cane Rige on the North side thence notherdly with the mark line to a hicerry corner near the Branch on the East side of the Branch thence westerdly to a marked willow on the west side of said the Branch thence Easterdly to a marked Persimon on the East side of said Branch thence Northwardly with the marked line to the Branch thence with the Branch to a Poplar corner on the East side of said Branch Thence North Eastwerdly to a chestnut and maple corner near the top of the Spur on the South side of the Caney Rige thence Southwerdly with the marked line made between Isham Sutton and James Sutton to the furth class road to the old bridge thence with the cross fence up the Cane Rige to a Sarvis and Dogwood corner near the top of said Rige thence westwerdly with the marked line under the top of the Rige to the beginning corner we do herby Bind ourselves our hears and Representatives to warnt and Forever defend the title to said land and ever part these of to said Elijah S. Johnson his hears and assigned forever against the Lawful claims of all persons whosoever.
August the 7th 1890 Noah Sutton {Seal}
Aley J. X her mark Sutton {Seal}
Attest James Sutton {Seal}
G H Seal Martelia Sutton {Seal}
Joseph M. Seal McH Sutton {Seal}
Sarah X her mark Sutton {Seal}
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| Mapped location of Caney Valley |
Notice to Elijah Johnson:
To Elijah S. Johnson
Take notice that on the 7thday of August 1893, I will sell to the highest bidder at the courthouse door in Sneedville, Tenn the tract of land you purchased from James Sutton, Noah Sutton & McH Sutton being their interest in the land of their father James Sutton dec’d lying in the 7thdistrict of Hancock County, Tennessee.
Said sale will be make pursuant to a decree entered in the cause of James Sutton against E. S. Johnson in the Chancery Court for Hancock County unless the decree of $60.50 with interest and one-third of the costs of said cause are sooner paid and satisfied. Given under my hand this 26thday of June 1893.
H. Tyler C&M
Report Sale
Pursuant to a decree entered in above cause at the April Term 1892. I advertised the land as directed and sold the same at the courthouse in Sneedville on Monday the 7thday of August 1893. James Purkey being the highest last and best bidder came forward and executed his note for the amount of his bid being the sum of $66.70 the amount decreed against the land due six months after date and bearing interest and gave John Burchett and Thomas B. Givens as his sureties.
All of which is respectfully submitted.
Aug. 9 1893 H. Tyler C&M
James Sutton vs ES Johnson} Order
Be it remembered that on the 25thOct 1893, came on for consideration the application to set aside the sale of the lands mentioned in the pleadings and decree of the court at the last term made to James Purkey, and the proposition of I.W. Campbell to raise the bid of said Purkey being the sum of $66.70 to the sum of $91.00 being and advance of more than 25% of which advance bid the said Purkey wants notice in open court, it is ordered by the court that said sale be sit aside and the biddings reopened for said tract of land so sold under the decree of this court in this cause, and kept open until 10 o’clock P.M. on the 27thday of Oct 1893, until which time he will secure bids at his office for said land agreeable to the terms of sale by said decree of the last term of this court, beginning with the bid offered by said Mr. Campbell in his proposition filed Oct. 24, 1893 at which time before mentioned the Clerk & Master will close the biddings and at the present term report the highest bidder and his actions in the premises.
James Sutton vs E. S. Johnson} In the Chancery Court, Hancock County, Tenn.
By order of the Court entered on yesterday I opened the biddings on the land sold in this cause to James Purkey upon the proposition of I.W. Campbell that he would given $91.00. I. W. Campbell informed me that said bid was intended for the firm of I. W. Campbell & Son composed of himself and I. W. Campbell Jr. and kept the biddings opened as directed in said order. No person came and offered me more. After the time had expired to close the biddings, I. W. Campbell Sr. came forward and executed said firm note due at 6 months bearing interest from date for the $91.00 and gave J. F. McNiel as their security. All of which is respectfully submitted.
Oct. 27th1893 H. Tyler C&M
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| Non-resident Notice to Noah and James Sutton to appear in Chancery Court April 4, 1897 |
The Final Decree after 9 years of litigation:
This cause came on to be heard before the Hon. Hugh T. Kyle Chancellor on this the 26thday of Apr 1898 upon the record at large from all of which the Court is of the opinion that the Complt Margaret Johnson is entitled as owner in full of one half undivided interest in the land mentioned and described in the bill and it is so ordered adjudged and decreed.
And the court is of the further opinion that the Complt Margaret Johnson is entitled to have the deed made by Noah Sutton, Allie J. Sutton, James Sutton, Martelia Sutton, McH Sutton, and Sarah Sutton to the Complainant E. S. Johnson on the 1stday of August 1890 to said land so referenced as to show her interest therein. It is therefore is hereby accordingly referenced & is further decreed that the Deft I. W. Campbell be and he is hereby perpetually enjoined from prosecuting his suit of forceable entry and detainer now pending in the Circuit Court of this County to obtain full possession of said land and that the said Campbells pay the costs of this Court so far accrued which will be obtained and paid by the Clerk out of his share of the proceeds of the sale of the land herein after ordered. It is agreed by the parties in open court that said land is so situated and located with referenced to water and timber and other conveniences that the same can not be partitioned in kind between the owners Margaret Johnson and the Deft I. W. Campbell without manifest injury to them. It is therefore ordered adjudged and decreed that the same be sold for partition and that the master after giving notice as required in cases of Chancery sales will proceed to sell said land at the courthouse over in Sneedville at public auction to the highest bidder or a credit of six and twelve months equal payments taking notes and approved security and retaining a line this response is further security for the purchase money. The master will report said sale to the next term of this court.
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| Statement Exhibit "A" to answer of I.W. Campbell in case of E.S. Johnson & wife |
I like to think of this story as a reunion of sorts as I do know that Noah and Alley stayed in contact with many of their relatives after moving to Texas. My father thought the photo below was taken during a reunion between Noah and James and stated that it had been about 40 years since the they had seen each other.
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| Noah and James "Jim" Sutton |
The location of the photo is unknown but I suspect it was taken on Noah's farm and this was probably taken a few years before their deaths (Jim died in 1953 and Noah in 1954). Their homes were 200 or so miles apart and I would think it wasn't an easy task to make the drive back then and I am unsure the train ran from northeastern Oklahoma to Fannin County, Texas. I like to think that in death whatever grudges could have occurred between the other siblings were resolved.
“We can’t be sure of how it’s going to be when we walk into the light across the bar. But I’ll know you and you’ll know me, out there beyond the stars.” --Will You Meet Me in Heaven? by Johnny Cash
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