Transcribed by Lynda McLaren

Source: Jackson County Chancery/Circuit Loose Records
Roll: #124
Available: Tennessee State Library & Archives and Tennessee Technological University Library

Elijah Wheeler
W. H. Botts & others
R. A. Cox
Elijah Wheeler & James E. Wheeler

James E. Wheeler by leave of the Court presents and files the following amendment to his plea of Bankruptcy heretofore filed, on the third page of said plea, strike out the words, "which is here shown to the Court and made part of this Plea as much as if set out," and insert in the place thereof, the words "and is set out," and insert after the words "in haec verba," and before the word "from," "as follows: United States of America, District Court of the United States, Middle District of Tennessee. Whereas James E. Wheeler of Jackson County, Tennessee, has been duly adjudged a Bankrupt under the act of Congress, establishing a uniform system of Bankruptcy, throughout the United States, and appears to have conformed to all the requirements of law in that behalf, it is therefore ordered by the court that said James E. Wheeler, be forever discharged from all debts and claims, which by said act are made provable against his estate, and which existed on this 7th day of December 1867, on which day the petition for adjudication was filed by him excepting such debts, if any, as are by said act excepted from the operation of a discharge in Bankruptcy.

Given under my hand and the Seal of the Court at Nashville in said
Seal District this 27th day of August A. D. 1869.

Connally F. Trigg, Judge

State of Tennessee
Jackson County

James E. Wheeler came before the undersigned and made oath in due form of law that the matters and things in the foregoing amendment to his said plea, are true and that said plea as amended is true. Affiant further makes oath that the original discharge was filed with his said plea where originally filed and has since remained on file, and the cause would have been copied in said plea, but affiant was advised that it was not necessary as the cause was shown to the Court and filed with the profur and that the failure to copy said discharge in said plea was not with the view or interest to gain any advantages. Sworn to and subscribed before me this 5th day of October 1875.
James E. Wheeler
Nathan M. Cox, DC&M

James E. Wheeler
William H. Botts et al

Complainant moves the Court to barr the answer and cross bill of R. V. Brooks off of the files because he filed same _____ said cause being served against him which matter was overruled.

James E. Wheeler
W. H. Botts et

Upon motion and it appearing that at the last term of this Court the defendant to the afore cause got ____Mays Rules 1881 to answer complainant bill and have failed to answer or make any further defence to said bill, the allegations in complainant's bill are take for confessed as to said defendant except R. P. Brooks who it appears has died since last term and that R. V. Brooks is the administrater with the will annexed, it is therefore ordered that a scire facias issue returnable to the August rules commanding said R. V. Brooks to show why this cause shall not be served against him as such administrater.

R. A. Cox
vs Cross Bill
James E. Wheeler et al

This day came before me James E. Wheeler who makes oath in due form of Law that it is necessary to his defence in this cause that he be permitted to file and rely upon his plea of discharge in Bankruptcy to the claim sought to be collected by complainant in this cause. Affiant states that complainant's claims which he is seeking to collect off this affiant has been settled and adjusted by the district court of the United States for the Middle district of Tennessee at Nashville in affiant's case in Bankruptcy determined by said court complainant's claim set up in his cross Bill against affiant was provable and was proved by complainant in the Bankruptcy proceeding of affiant in said District Court and was then closely and heavily litigated by complainant and affiant was by said court discharged from the payment of said claims. Affiant states that in his answer to complainant's cross Bill he sets up his discharge in Bankruptcy that the same as he is advised is incertificially done and he cannot safely rely upon it as it could not have been properly set up for want of the record of the cause case of affiant Bankruptcy from said court.

He is advised that a plea of discharge is his proper defence in this cause. He could not file said plea at any earlier day than this. His solicitors could not as he is advised correctly draw such plea without said record. He has used every exertion in his power to produce said record just as soon as he was advised that it was necessary for him to have said record he procured Cal Murray one of his Solicitors in this cause to get it for him and he never received or saw said record until this term of the court he is informed that Cal Murray never received the same until a short time before the June term last of the Court. Cal Murray as he is informed and whereas used due diligence in trying to get said record for him, but could not get the same for more than a year after he had paid the Clerk of said Court at Nashville to copy and certify the same for him. Affiant prays that he be permitted to make his defence to complainants cross Bill by filing and relying upon his said plea, and subscribed this affidavit before me this 30th day of Oct. 1873.

James E. Wheeler

R. A. Cox, C&M