Source: Jackson County Chancery/Circuit Loose Records
Available: Tennessee State Library & Archives and Tennessee Technological University Library
Submitter Notes: This court case is well over 50 pages long. The following is an excerpt that lists the litigants and their relationships.
W. HOGAN WITCHER ET. AL. VS WILLIAM D. MCKAUGHAN ET. AL. (1859)
To the Hon Bromfield L. Ridley chancellor of the 3 division of the state
of Tennessee sitting at Gainesboro.
The Bill of complaint of
William Hogan Witcher
Martha H. Witcher by her next friend William H. Witcher
Martha G. Witcher by her next friend
Nancy Witcher all of Jackson county Tennessee Except Jesse J. Witcher who resides in Baron county Kentucky
William D. McKaughan
James W. Draper
Jamison Brown & his wife Jane Brown
Richard York citizens of Jackson county Tennessee
William P. Witcher of Monroe county Kentucky
Mathew R. Marrel of Missouri
William Roddy of Illinois
George M. McWhirter of the state of Texas
John M. Richmond of Macon county county (sic) Tennessee
James H. Witcher of the state of Mississippi
Tandy K. Witcher of the state of Kentucky defendants
Humbly complaining your orators want respectfully represent to your Honor that some time about the year 1848 or 1849 one Daniel K. Witcher departed this life in said Jackson county Tennessee intestate seized & possessed at the time of considerable property consisting of both real & personal that Defendant George M. McWhirter was appointed his administrator of said estate. The complainants William H. Jesse J. and Martha H. and Defendants William H. James H. Tandy K and Jane who has intermarried with said Deft Brown & Daniel G. Witcher who is now dead having one daughter the said Martha G. Witcher who is a minor are the only heirs at law of the said Daniel K. Witcher Decd.
Your orators would show to your honor that some time about the year 1849 Deft William P. Witcher James H. Witcher Tandy K. Witcher & George M. McWhirter instituted some kind of proceeding in the circuit court for Jackson county state aforesaid Tennessee for the purpose of ??? the real estate of the said Daniel K. Witcher decd sold for Distribution & had the same sale & Defendant Mathew R. Marrel John M. Richmond & William Roddy became the purchaser of separate tract which will more fully appear by reference being had to said proceeding a copy of which is hear (sic) filed marked (A) & prayed to be made parte of this bill the not to be copied which will likewise describe the land sale as aforesaid. They state that it is true that in said proceedings deft William P. Witcher pretended to ast as the guardian of complainants they state that said proceeding was all irregular that complainants being then minors too young to know every thing about guardians or probation their right that they were not regularly before the court that the sale under said proceeding communicated to the purchases no litte? that there interest in said lands were ??? that infect the whole proceeding was irregular & ??? they state that defendant James W. Draper as they are informed set up same sons claim to a portion of said land they state that defendant William D. McKaughnan Malky Long & Richmond York are at this time living on the land & claiming title to the same the lands at the sale brought in sell about five or six hundred dollars but it worth at least 3000.
They state that compt William H. Witcher & Jesse J. Witcher have evently arrive at full age & that complaints Martha H. Witcher Martha G. Witcher are still minors & suing by their next friend as above stated the premises considered may it pleas your honor to cause those mentioned as such to be made defendants to this bill let them file true and perfect answers make to each and every allegation in this bill continue lit why & spo? ??? and publication be made & on final hearing order & decree that said sale of the lands above described and proceedings in said court had in the case be cancelled & held for nothing & that the said lands be partitioned amongst those who may be entitled to the same as your orator insist that said lands are susceptable of Division without damineshing the value of the same but if your honore thinks otherwise then let it be sold for distribution let an account be take the clerk of the rents & profits & grant all such other & general relief that may to your honor ???? according to the equity & justice.
A true copy
?? W. H. Botts Am
By W. G. Cox D C Am