SHERIFF’S SALE~The Real Estate of Mark Rivers, Deceased

 

SHERIFF’S SALE

By Order of the Court of Ordinary will be sold at Chesterfield Court House on the first Monday in June next within the legal hours the real estate of Mark Rivers deceased, in said District consisting of one tract of land containing forty acres, more or less, lying on Clay Creek, bounded on the North by the state line, west and south by Wm. Carter, and east by lands belonging to the estate of Thomas Horne.
Conditions: - As much cash as will pay the expense of this sale, with a credit until the first day of January next on the balance, purchaser giving bond bearing interest from the day of sale, with good personal security and mortgage, if required to the Ordinary. Purchases paying for necessary papers. 
                                                            John Evans
                                                                        Shff. C. D.
Chesterfield C. H. May 11, 1841
[Farmers’ Gazette, and Cheraw Advertiser, May 26, 1841, Page 112, Image 4]

By notice in the local newspaper, the real estate of Mark Rivers will be sold on the 1st Monday in June 1841. Looking at a June 1841 calendar we can see that Mark Rivers land will be sold on 7 June 1841.  The newspaper notice does not say how many acres of Land would be sold and all deed and plat books for that time period were destroyed during the Civil War.   

We do know that this Mark Rivers was born abt 1781 and died about January 1831. The parents of this Mark Rivers are unknown. We know that his wife was Annie and that she before marriage was a Parker. Annie (Parker) Rivers survived Mark and lived until sometime after 1860 and before 1870.

We can identify most of Mark and Ann children's by a lawsuit filed in 1831. 

SOUTH CAROLINA,
            Chesterfield District.                    John B. Rivers applicant vs Ann Rivers (Widow), Wm. Rivers and wife Elizabeth, Moses Holifield and wife Amelia, Matthew Rivers, John Dryman and wife Elizabeth, Mark Rivers, Luke Rivers and Samuel Rivers Defendants.  

It appearing to my satisfaction that Ann Rivers, Moses Holifield and wife Amellia, Matthew Rivers, John Dryman and wife Elizabeth, Mark Rivers, Luke Rivers and Samuel Rivers reside without this State, it is ordered that they do appear and object to the division or sale of the Real Estate of Mark Rivers deceased on or before the 12th day of April next, or their consent, will be entered off record.
                                                                                    T.,Bryan
                                                                                    O. C. D.
January 27, 1831
[Farmer Gazette and Cheraw Advertiser, February 03, 1841, page 47, image 3]

Using these newspaper clipping and the census we can reconstruct Mark and Annie family.

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1. SHERRIF’S SALE-Mark Rivers Estate Lands obituary, The Daily Press, Newport News-Hampton, Virginia, United States, 26 May 1841, Page 112, Image 4. http://chroniclingamerica.loc.gov/.

2. John B. Rivers applicant vs Ann Rivers (Widow), Wm. Rivers and wife Elizabeth, Moses Holifield and wife Amelia, Matthew Rivers, John Dryman and wife Elizabeth, Mark Rivers, Luke Rives and Samuel Rivers Defendants. obituary, The Daily Press, Newport News-Hampton, Virginia, United States, 3 February 1841, page 47, image 3. http://chroniclingamerica.loc.gov/.

Wordless Wednesday~Trinity Site, New Mexico

 

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1. https://en.wikipedia.org/wiki/Trinity_(nuclear_test)

Merry Christmas and Happy New Year

 My thanks to all of my

Carolina Family Roots blog readers

and

my Wish to each of you is a

Merry Christmas and a Happy New Year. 

___________________________

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The Last Will & Testament of Abraham Mastin Cook

The last will and testament of me Abraham Mastin Cook, of the County of Wilcox and State of Alabama, being of sound mind at the time of making and publishing this my last will and testament, I give and devise to my beloved wife, Eliza Cook, the lands known as the McBryde lands together with all appurtenances thereunto belonging, including my present residence; Also one hundred and sixty acres of land, to wit The North east Quarter of Section Eight in Township eleven and range nine, being part of the lands known as the "Daniel tract" to have and to hold the said lands to her separate use for the term of her natural life, and at her death the above described lands to revert to my children hereinafter named, I also give and devise to my said wife, Eliza Cook, the following personal property to wit: All my household and Kitchen furniture, ten head of cattle and two horses, such as she may elect of my stock, and the sum of five hundred dollars  in money, for her separate use and behoof. I also give and devise such family supplies, provisions and provender as she may deem necessary for the support of herself and family for the space of twelve months from the date of the probate of this my last will and testament. The balance of my estate, real and personal monies and choses inaction, whereof I may die seized and possessed, I give and devise to my beloved wife Eliza Cook and to my friend and brother John Miller to have and to hold the same to themselves their heirs and assigns forever upon the uses and trust following namely:

              Intrust to pay all my debts and funeral expenses.
Secondly, the balance of my said estate equally to divide between my four children to wit: Albert, Elizabeth Knox, Tabitha Jane, and Mary Caroline. If either of my children shall have died before such division leaving lawful issue, such issue to receive the parents share but if there be no issue then such share to fall into the general fund to be divided among the survivors in the manner before directed.
       And I hereby nominate, constitute and appoint my said Trustees Eliza Cook and John Miller, Executrix and Executor of this my last will and testament confiding fully and firmly in the full integrity and honesty of my said Executrix and Executor I do hereby direct that they be not required to give bond or held responsible to any Court for the correct and proper performance of their duties as said Executrix and Executor of this my last will and testament.
              In witness whereof I have hereunto subscribed my name and affixed my seals this the thirtieth day of November A.D. Eighteen hundred and sixty-seven.    
                                                                                           A. M. Cook {Seal}
 
Signed sealed and published and declared by the said A. M. Cook (page 372) as and far his last will and testament in the presence of us who at the request of the said A. M. Cook, and in his presence and in the presence of each other, have hereunto subscribed our names as witnesses. This the 30th day of Nov. A. D. 1867.
                                                                                           E.D. M. Daniel
                                                                                           Jas H. Pressly
                                                                                           F. A. Dulany
 
State of Alabama}  Probate Court of said County.
Wilcox County}
 
In the matter of Probate} 

of the last will and Testament} 

 of A. M. Cook, deceased} Before me J. H. Burdick Judge of the said Court, personally appeared in open Court, E.D.M. Daniel and F. A. Dulany who having been by me first respectively sworn and examined, did and do depose and say on oath that they are each subscribing witnesses to the instrument of writing now shown to them and which purports to be the last will and testament of A. M. Cook deceased, late an inhabitant of this county that said A. M. Cook since deceased, signed and executed said instrument on the day the same bears date, and declared the same to be his last will and testament, and that affiant set their signature thereto, on the day the same bears date as subscribing witnesses to the same in the presence of said testator; That said testator was of sound mind and disposing memory, and, in opinion of deponent, fully capable of making his last will at the time the same was so made, as aforesaid. Affiant further state that said testator was, on the day of said date of said will of the full age of twenty-one years and upwards.-----

Subscribed and sworn to before me}                         E.D.M. Daniel
on this the 25th day of March 1868}                           F. A. Dulany
                     J. H. Burdick
                     Judge of Probate
 

Abraham Mastin Cook was born 16 April 1812 in Chesterfield, SC, a son of Daniel Cook and Ruth Moultrie. He married Eliza Pressly on 20 May 1846 in Abbeville County, South Carolina. Abraham and Eliza had four children. He died 16 January 1868 in Wilcox County, Alabama.  

 Abraham Mastin Cook is my 1st Cousin 6X Removed. 

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https://www.ancestry.com/imageviewer/collections/8799/images/007651228_00396?usePUB=true&_phsrc=Iou211&_phstart=successSource&usePUBJs=true&pId=2686789

Will Book 5, Pages 371 & 372; Wilcox County. Alabama

It’s Family Time~The John Purvis-Sarah McMillan Family

 

John Purvis was born about 1782 in South Carolina. His calculated birth year of 1782 is verified by his Sworn Statement dated 20 Oct 1851 found within the Pension file of James McMillan, W9559. John stated that he is Sixty-nine (69) years old and is well acquainted with James and Rachel McMillan. (1851-69=1782). If is further confirmed by the 1850 Chesterfield County Federal population census where John Purvis is listed as being  68 years of age (1850-68=1782). His parents are unknown but his Father is believed to have been a John Purvis, son of John Purvis and Sarah Johnson.

John Purvis married Sarah McMillan daughter of James & Rachel McMillan. (See REV WAR W-9559 - James McMillan). This marriage took place about 1810 based on the birth of their 1st born child, Charles G. Purvis in 1811. The Revolutionary War Pension File of Rachel McMillan's father, James McMillan (https://www.fold3.com/image/24228107), identifies all his children and who they married.

Sarah McMillan, born abt 1785, was the daughter of James & Rachel (Chisholm) McMillan. She had 7 siblings; 3 sisters and 4 brothers. James McMillan served in the Revolutionary War and passed away 18 August 1837. Rachel (Chisholm) McMillan died on 25 October 1844.

In 1850, we find John Purvis and his wife Sarah living in the Chesterfield district with 4 of their children and 4 grandchildren.

The grandchildren are children of their daughter, Mary Ann Purvis who married William B. Dickson about 1836. Shortly after their marriage in 1836, Gordon B. Dickson took his young Bride to Hinds County, Mississippi. There he died before 28 Oct 1844 and Mary returned home to Chesterfield to be with her parents.

Shortly, after returning home her Father, John Purvis, passed away in March 1854. Sarah (McMillan) Purvis would pass away in April of 1863. See SC Equity Record.

[#108] Craig, J.C. & wife vs. Charles G. Pervis & others - Bill for injunction & general relief 1866
John Purvis died intestate in March 1854, leaving his widow, Sarah Purvis and children: Mary A., widow of William B. Dickson; Charles G. Purvis; John C. Purvis; and Laura S. intermarried with James C. Craig. Additional information: The children of James C. and Laura Purvis Craig: Sallie P. Craig; John J. Craig; Alexander W. Craig; Laura E. Craig; Mollie A. Craig; Edgar Craig; Irene Craig; Leola Craig and James Craig who died at age 11. Alexander J. Purvis died 3 July 1860, leaving as his heir his mother and brothers & sisters; Sarah Purvis died intestate in April 1863; John C. Purvis died intestate 13 October 1864, leaving as his heirs Laura S. Craig, Mary A. Dickson and Charles G. Purvis.

This is a snapshot of the John & Sarah Purvis household in the 1850 CENSUS.

John Purvis and Sarah McMillan had the following children:

i. Charles G. Purvis, born abt 1811, Chesterfield, Chesterfield, South Carolina; married Mary E. Douglass; died 13 Jul 1887, Cheraw, Chesterfield, South Carolina.

ii. Mary Ann Purvis, born abt 1813, Chesterfield, Chesterfield, South Carolina; married William B. Dickson, abt 1836; died bet 14 Oct 1893 and Jun 1900.

iii. John C. Purvis was born about 1819 in Chesterfield, Chesterfield, South Carolina. He died on 13 Oct 1864 at the age of 45 in Chesterfield, Chesterfield, South Carolina

iv. Laura Sarah Purvis, born 6 Nov 1824, Chesterfield, Chesterfield, South Carolina; married Dr. James Chapman Craig, 18 Jan 1848; died 1 Mar 1914, Cheraw, Chesterfield, South Carolina.

v. Alexander J. Purvis was born about 1828 in Chesterfield, Chesterfield, South Carolina. He died on 3 Jul 1860 at the age of 32 in Chesterfield, Chesterfield, South Carolina.

In 1860 only Sarah and her son John C. are remaining in the household.

It’s quick to see that a lot of tragedy has transpired with this family

William B. Dickson, husband of daughter Mary Ann, died before 28 October 1844

John Purvis, Father, died  March 1854

Alexander J. Purvis, son, died 3 July 1860

Sarah McMillan Purvis, Mother, died April 1863

John C. Purvis, son, died 13 October 1864

Mary Ann (Purvis) Dickson died between 14 Oct 1893 and June 1900 (Between the execution of a Land Deed contained in Chesterfield County Deed Book 17, page 197-200 and the 1900 Census in June 1900).  

Laura Sarah (Purvis) Craig, age 89, lived until 1 March 1914

The parents of John Purvis, b. 1782 are unknown. I believe him to be related to James and Gilbert Purvis and quite possible a grandson of John Purvis and Sarah Johnson/Johnston. 

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        1. John Purvis, 17 January 1814; South Carolina Land Grants, S213192, Volume: 0043, Page: 00493, Item: 001; Dept. of Archives and History, Columbia, South Carolina.

        2. John Purvis, 28 January 1817; South Carolina Land Grants, S213192, Volume - 0044 Page - 00339 Item - 01; Dept. of Archives and History, Columbia, South Carolina.

        3. 1820 Census of the United States, Chesterfield, Chesterfield County, South Carolina, population schedule, Chesterfield District, South Carolina, Household of John PERVIS; digital image, Ancestry.com (http://www.ancestry.com : viewed 15 January 2019); citing  National Archives Microfilm M 33_119.

        4. 1830 U. S. Census, Chesterfield County, South Carolina, population schedule, Chesterfield County, South Carolina, Page: 258; Line 1, Household of John Purvis; digital images, Ancestry.com (http://www.ancestry.com : viewed 15 January 2019); citing  National Archives Microfilm M19_172.

        5. 1850 U. S. Census, Chesterfield, Chesterfield County, South Carolina, population schedule, Chesterfield, Chesterfield County, South Carolina, Page 104B (stamped), Line 7, Dwelling 82, Family 82, Household of John PERVIS; digital images, Ancestry.com (http://www.ancestry.com : viewed 9 May 2014); citing  National Archives Microfilm M432 Roll 851.

        6. Revolutionary War Pension and Bounty-Land Warrant Application Files, microfilm publication M804 (Washington, DC: National Archives and Records Administration (NARA), 1974), James McMillan, W-8559.

        7. James C. Pigg, Cheraw/Chesterfield District Wills, 1750-1865: Abstracts from the Court of Common Pleas 1823-1869 (Tega Cay, South Carolina: Self-published, 1995), page 132.

         8. 1860 U. S. Census, Chesterfield, Chesterfield County, South Carolina, population schedule, Chesterfield County, South Carolina, Page: 176 (stamped); Line 24, Dwelling 1161, Family 1060, Household of Sarah PERVIS; digital images, Ancestry.com (http://www.ancestry.com : viewed 9 May 2014); citing  National Archives Microfilm M653_1217.

         9. James C. Pigg, Cheraw/Chesterfield District Wills, 1750-1865 &: Abstracts from the Court of Common Pleas 1823-1869 (Tega Cay, South Carolina: self-Published, 1995), pages 132 & 133.

        10. Land Deed - J. C. Purvis to J. P. Smith; 10 March 1854; Deed Book #15; Page(s) 132; Register of Deeds; Wadesboro, Anson County, North Carolina; 3 January 2010.

        11. SOURCE: #108 Index and Genealogical Abstracts of the Chesterfield District Court of Common Pleas, Equity Side, 1823-1869, page 132-133 as recorded in "Cheraw/Chesterfield District Wills, 1750-1865 & Abstracts from the Court of Common Pleas 1823-1869, Published by James C. Pigg, Copyright 1995.

Tombstone Tuesday~William & Ruth Sellers

 

William Winfred Sellers

B. 31 Aug. 1925

D. 3 Sept. 1867

Wanda Ruth (Garner) Sellers

B. 7 April 1929

D.  3 Sept. 1867

Married: 13 August 1958

William and Ruth (Garner) Sellers were married 13 August 1958 in Pittsburg, Oklahoma. William Winfred Sellers was the son of Grover Cleveland Sellers and Mary Ann Pruitt. Grover Cleveland Sellers was a grandson of Noah Sellers and Timmey Ellen Parsons. Ruth (Garner) was the daughter of William Marion Garner and his wife, Eva Cleo Cassity.

On the weekend of 3 September 1967, William and his wife Ruth along with 2 others couples decided to fly down to McAlister, Oklahoma and attend the Oklahoma prison rodeo. Traveling with William and Ruth Sellers was another couple and the third couple were in their own plane. The other plane took off first on 3 September 1967 for the return trip to Cassville, Missouri. Eye witness accounts related that the Sellers plane, with the two couple's, somehow came in contact with the undercarriage of the first airplane. Both planes crash landed. The Seller's crash was horrific and all aboard perished. The other plane faired much better and the two individuals on board survived. The Sellers had two daughter under twenty-one who were left orphans. The other couple left a surviving son. 

William Sellers was the director of the Barry County, Missouri, health unit and the other Couple were a prominent farmer. He had served and survived World war II as a SSgt. with the 491 BOMB GP AAF. 

William Winfred Sellers is my 3rd Cousin once removed.

_______________________________

[1] Tombstone Photo courtesy of “RockTalker”

[2] Find A Grave, Inc., Find A Grave, database and digital images, (http://www.findagrave.com : accessed 1 December 2021); Memorial page for William Winfred Sellers; (31 August 1925–3 September 1967); Find a Grave memorial # 37920712, Citing Oak Hill Cemetery; McAlester, Pittsburg County, Oklahoma, USA.

It’s Family Time~The Martin Archibald Teeter Family

One thing I have learned in my 46+ years of family research is that the past was very difficult for our ancestors. Leaving established towns and communities and moving westward with the growth of a young America was brave considering the perils along the way. Then, after determining where to settle you are faced with a lack of Doctors, Medicine and other worldly goods needed in your daily life. It wasn’t easy.

The Martin Archibald Teeter family was one of those pioneering families. Martin Archibald Teeter was born abt 1812 in Cabarrus County, North Carolina. He was the middle child and son of Peter Teeter and Ann Elizbeth Dry. He had 4 siblings; 3 brothers and a sister. 

The Teeter’s, Peter and Ann and children and their families, moved to Pope County, Arkansas sometime between 1838 and 1840 Census.

Their son, Martin Archibald Teeter had married a young lady named Sarah Jane ‘Sallie” Petray, daughter of  John Petray and Catherine Carriker. This marriage took place on 19 October 1830 and by 1838 when the Teeter’s made their move westward, Martin and Sallie had a growing family of three children. After arriving in Pope County, Arkansas they would add five more children to their growing families.  

Martin Archibald Teeter and Sarah Jane Petray had the following children:

 i. Susannah Elvina Teeter, born abt 1831, Cabarrus County, North Carolina; married Patrick H. Talley, 16 Oct 1851, Pope County, Arkansas.

 ii. Jacob Wilson Teeter, born abt 1835, Cabarrus County, North Carolina; married Ellen Touchstone, 17 Oct 1888, Drew County, Arkansas; died 16 Jan 1923, Drew County, Arkansas.

 iii. Daniel Marion Teeter, born 5 Oct 1838, Cabarrus County, North Carolina; married Cynthia A. Braly; died 21 Apr 1928, Alameda County, California.

 iv. Sarah Jane Teeter, born abt 1843, Pope County, Arkansas; married Francis Marion Reed, 13 Oct 1859, Conway County, Arkansas.

 v. Jonah Allen Teeter, born 18 Mar 1845, Pope County, Arkansas; married Celia Ann Loupe; died 22 Dec 1917, Johnson County, Texas.

 vi. Ransom Alexander Teeter, born 24 Mar 1848, Pope County, Arkansas; married Nancy Cooper; died 5 Jan 1932, Pope County, Arkansas.

 vii. James Lawson Teeter, born 15 Jun 1850, Pope County, Arkansas; married Sarah Ellen Brooks, 7 Jul 1870, Pope County, Arkansas; died 23 Jan 1900, Pope County, Arkansas.

viii. George Washington Teeter was born on 30 Sep 1853 in Pope County, Arkansas, United States. He died on 15 May 1930 at the age of 76 in Butte County, California. probated.

Their last born child, George Washington Teeter arrived on 30 September 1853. Sadly, his mother, Sarah Jane ‘Sallie’ (Petray) Teeter did not survive. Martin Archibald Teeter was left a widower with a newborn baby and 6 other children's ranging in age form 3 to 18 to care for. Their oldest daughter, Susannah Elvina Teeter was married and out of the household with her husband, Patrick H. Talley.

Sadly, this was not the end of tragedy for this family.  

In late 1857 to early 1858, sometime before 20 May 1858 Martin A. Teeter died. Martin was a single parent with 8 children; 4 of them under the age of twenty-one until he remarried on 20 April 1856. 

Martin had lost his first wife back on 30 September 1853 with the birth of his eight child, a son named, George Washington Teeter.

In Court on 20 May 1858, Brice McIver a Uncle of the minor children - Jonah A. Teator, Ransom A. Teator, James L. Teator and George W. Teator – petition the Court for the Guardianship of the minor children.
Mary Ann ‘Polly’ Petray was the wife of Brice McEver. She was also a sister to Sarah Jane ‘Sallie’ Petray Teeter the mother of the four minor children.
Tragically, the children's Uncle, Brice McEver, died of pneumonia in December 1860.

After the death of Brice McIver, the maternal grandparent took in several of the boys in 1860 & 1870 until they reached adulthood.

Transcription:
State of Arkansas}
County of Pope} In the Probate Court of Pope County, May 20th 1858 before the Clerk thereof in vacation.
Brice McEver, Ex Parte
To} Petition for Guardian for
Jonah A. Teeter et all
At this day comes Brice McEver, and files his petition, the object and prayer of which are for the appointment of a guardian for Jonah A. Teator, Ransom A. Teator, James L. Teator and George W. Teator children of Martin A. Teator dec. And it appearing to the County, that said minors are without father or mother, or any other person legally authorize to support, protect and control them, that they have no means of subsistence, and it also appearing that said petitioner is the uncle to said minors, and that it is necessary a guardian should be appointed said minors. It is order that said Brice McEver be and he is hereby appointed guardian for said minors, the said McEver having filed his bond, as required by law.
Roof H. Harrell, Clk.
State of Arkansas}
County of Pope}
In the Pope Probate Court, in vacation, before the clerk thereof May 29th 1858.

Martin Archibald Teeter is my 1st Cousin 4X Removed.

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1. "Arkansas Probate Records, 1817-1979," images, FamilySearch (https://familysearch.org/ark:/61903/3:1:3QS7-99W3-2Q76?cc=2061549&wc=M7QZ-SP8%3A353223101%2C353240401 : 22 May 2014), Pope > image 573 of 719; county courthouses, Arkansas.

2. 1850 U. S. Census, Pope County, Arkansas, population schedule, Pope, Arkansas, Page: 288A (stamped); Line 33, Dwelling 661, Family 661, Household of Martin A. TEETER; digital images, Ancestry.com (http://www.ancestry.com : viewed 12 January 2017); citing NARA publication Roll: M432_29.

3. Pope County, Arkansas, Probate Files & Loose papers, Teeter Children Guardianship; digital images, Church of Jesus Christ of Latter Day Saints, FamilySearch (http://www.familysearch.org: Viewed on-line 3 June 2020); Estate of Martin A. Teeter.

4. "North Carolina, Marriages Index, 1741-1868," database, Ancestry (http://www.ancestry.com : viewed 3 June 2020), Marriage: Martin A. Teeter & Sally Petry, Bond #: 000010344; Bond Date: 19 Oct 1830.

5. "Arkansas Marriage Index, 1837-1957," database, Ancestry (http://www.ancestry.com : viewed 3 June 2020), Marriage: Martin A. Teter & Josephine Woods; Arkansas Division of Archives and History, 1977; Marriage Date: 20 Apr 1856.

End of an Era~One of the Last Gunfights of the West

Three Men Killed in Personal Difficulty.

Vicksburg, February 13. A difficulty occurred yesterday at Johnsville, Mississippi, between Colonel Holman, Dr. Lowry, Dr. Walker and Mr. Arnold. The fight began by Holman shooting Lowry. Arnold shot Holman, wounding him, then shot and killed Walker, and was himself in turn shot by Holman. Arnold and Lowry have since died. Holman was arrested.

The next transcription of the event came from an obituary posted by “backroad traveler” on the FindAGrave memorial for William Lownds Lowery. I had others but this particular account of the events was the best.  

THE MISSISSIPPI TRAGEDY
Details of the Lowry-Holman Bloodshed at Johnsonville
In the annals of deadly affrays in this State we know of no occurrence so fatal in its results as that which occurred on board the steamer Sunflower, while lying at Johnsonville, the county seat of Sunflower county. The particulars, as near as we can gather them, are about as follows: About ten days ago Col. D. A. Holman, while in Johnsonville, on entering Dr. W. L. Lowry's store, was accosted by Dr. Lowry, who ordered Holman out, remarking, it is said, that Holman was no gentleman, and did not keep his word, or something to that effect. Holman departed, saying in substance he would see Lowry again. On the morning of the affair Col. Holman engaged passage on the steamer Sunflower, for Vicksburg, accompanied by his father-in-law. Dr. G. C. Walker. The boat arrived at Johnsonville somewhat earlier than usual, and Col. Holman and Dr. Walker together wont on shore, but in a short time returned. Perhaps a half hour later Dr. Lowry, as was usual with him, came on the boat to transact his business, and while entering the cabin, was caught so it is said, by the left armor back, by Col. Holman, who turned Lowry halfway around, and putting his pistol to his breast, fired. Lowry. started down the cabin, but instantly turned, and seeing his clerk, John C. Arnold, start from his chair (being shaved at the time), said "kill him, John, kill him, he has shot me. "Arnold ran out of the cabin to attack Holman, and Lowry, walking to the cabin door, cocked his pistol and fired at Holman. At the same instant of time, perceiving Dr. Walker with a pistol in hand, pointed his pistol at Walker with deadly effect, Walker falling and expiring almost without a struggle. Lowry then walked back in the cabin staggering, and fell, and in about two minutes expired also. In the meantime, Arnold and Holman were fighting outside the cabin, Arnold receiving a wound in the chest, and died shortly after being removed from the boat, Colonel Holman being wounded in the left arm and side, but to what extent could not be ascertained, as the boat left shortly afterwards. The affair is deeply regretted, us all the parties engaged are very highly respected. Dr. Lowry was a brother of Gen. Robert Lowry, and leaves a widow and six children. Arnold was a brother of Judge Arnold, of Columbus, Miss., Colonel Holman being a prominent and talented lawyer, and respected in the community in which he lives. Dr. Walker was one of the oldest residents of the county, and we believe had no enemies. Colonel Holman, the only survivor, was immediately arrested and will have a preliminary examination before Justice Toney next Saturday.
 

Dr. W. L. Lowry was William Lownds Lowry, son of Robert T. Lowry and Jemima Mary Rushing. He was born 26 February 1831 in Chesterfield County, South Carolina. William was 47 years old when he was shot and killed in the above described gunfight. Dr. Lowry was married to Sallie Flowers about 1865-1866. After has death, she was appointed Postmistress on 29 May 1890 for the town of Baird, Sunflower County, Mississippi. She died 27 October 1909 at Bessemer, Jefferson, Alabama. 

___________________

[1] Chronicling America, Memphis daily appeal. [volume] (Memphis, Tenn.), February 20, 1879, Image 2, column 4.

[2] Obituary: Courtesy of Backroad traveler. Savannah morning news. Savannah, Ga., February 25, 1879, Image 1
Added by: Backroad traveler on 9 Mar 2020

[3] Johnsville is a misprint in the newspaper clipping. It should have read Johnsonville, Mississippi.

Amanuensis Monday~1853 Lawsuit, Yarbro & Luton vs Holden Rushing & Others

 Amanuensis Monday is a Web Blog theme started by blogger John Newmark. You can access his blog here.

A full explanation of the Amanuensis Monday blog theme can be found here.

Today's Amanuensis Monday subject is a transcription of an 1853 Lawsuit between children's of David Rushing and a firm called Yarbro & Luton. ¹

AT Rules holden in the Office of the Register and Master of the Court of Chancery for the Third Chancery District of the Southern Chancery Division of the State of Alabama, at Livingston, On the 3rd Monday (being the 17th day) of January, A. D. 1853.

 
Samuel J. Yarbro and Jonathan Luton, }
partners, under the firm name, and style,}
of Yarbro & Luton,         Comp's, 411 v.   }   In Chancery.
Holden Rushing; Cornelius White}
adm'or of the estate of Enoch D.}
Rushing William G. Rushing }
Calvin Rushing; Rebecca Jackson}
Richmond White; Egbert White;}
Emily J. White, Nancy White; }
Tillman White; Haywood White;}
Sarah White; Mary White;}
Alexander Lowry; Robert H. Lowry;}
William Lowry; Amanda Lowry;}
and Martha Lowry, Def'ts.}
 
The Bill in this cause alleges in substance, that deft, Holden Rushing, on the 27th Dec. 1851, made his promissory note to Compl'ts, for $88 38-100, due one day alter date; that judgment was recovered by them on said note, on the 28th August, 1852, for 96 08-100; and execution issued thereon and returned "no property found, "that said Rushing is insolvent; that on the ___ day of____, 1850, one Enoch D. Rushing, brother of said Holden, died in Sumter County, Ala., leaving $804, in money, and other property, worth $1200; that letters of administration upon said estate have been granted by the Probate Court of and County to said Cornelius White; that said Enoch died intestate and left no wife or child, he never having been married; that his heirs at law are the said Holden, William G., and Calvin Rushing, brothers, and Rebecca Jackson, sister of said Enoch and widow of John Jackson, each over 21 years of age; said Richmond, Egbert, Emily J., Nancy, Tillman, Heywood, Sarah, and Mary White, children of' Martha White, dec'd, who was a sister of said Enoch and in her life time the wife of Albert White---all of whom are minors; and said Alexander and Robert H. Lowry--over 21 years of age--- and William, Amanda,and Martha Lowry, under 21, all children of Jemima Lowry, dec'd, who, in her life time, was the Wife of Robert Lowry and sister of Said Enoch; all of said heirs residing in or near Decaturville, Decatur County, Tennessee.
The Bill prays, insubstance, a reference to ascertain what is due from said Holden to Compl'ts; what said Holden is entitled to, and will be entitled to, as heir of said Enoch; that said adm'or be decreed to pay Compl'ts the am't, or so much thereof as may be necessary for that purpose, of said Holden’s share in satisfaction of what may be found due them; and that an injunction be issued to said adm'or, restraining him from paying over said Holden's said share of said estate to him or any one else.
And it appearing from the Bill, which is sworn to, that all of the Def’ts, except White, the adm’or, reside in or near Decaturville, Decatur County, Tenn, that said Holden, William G. and Calvin Rushing,  Rebecca Jackson, Alexander and Robert H. Lowry, are of full age; and that said Richmond, Egbert, Emily J., Nancy, Tillman, Haywood, Sarah & Mary White, and William, Amanda, and Martha Lowry, are minors.
It is, therefore, on motion of said Complainants, by their Solicitor, ordered, by the Register and master of said Court of Chancery, that publication be made in the "Sumter County whig," a public newspaper, printed and published, weekly, in Livingston, afore said, for four consecutive weeks, requiring said non-resident defendants to appear and answer or demur to said Bill within sixty days from the date of this order; or in default thereof, the same will be taken as confessed by said def'ts, of age, and Guardians ad litem will be appointed to defend on behalf of said minors.
And it is further ordered, that a Copy of this order be furnished said newspaper; another be posted upon the Court-house door of said County of Sumter; and another be sent, by mail, to each of said non-resident defendants, to their respective address, as aforesaid all within forty days from this time.
           A Copy
           Teste. GEO B. SAUNDERS, R. & M.
Jan. 17th 1853
J. O. Williams, Sol. For Comp’s

The defendants in this case are all children of David Rushing and Nancy Rebecca Deason of Anson County, NC.  Seven children were named; two were omitted, Darling and Jane, their first borne and last borne. 

________________________________

1. "Holden Rushing & Others," Lawsuit, Sumter County Whig, Livingston, Alabama, 25 January 1853, Page 3, Column 3; Digital On-Line Archives, Newspapers.com (https://www.newspapers.com/ : viewed 29 November 2022); https://www.newspapers.com/.

2. Sumter County Whig, Livingston, Alabama ·  Tuesday, January 25, 1853, Page 3, Column 3

It’s Family Time~The Holden Rushing Family

Holden Rushing was born about 1802 to David Rushing and and Nancy Rebecca Deason of Anson County, North Carolina. He was their second born child arriving after the birth of his brother, Abraham Darling Rushing, a year earlier in 1801. Holden was a member of a large family.

Sometime before April 1827, Holden Rushing married Delilah Burch Jackson, daughter of Jesse Jackson, Sr. and Delilah Meadows. 

Note: Anson County, NC Land Deed W:281 contains the following statement:  

Deed dated 21th day of April 1827; witnessed by Geo. Duran and J. Rushing Signed by H. Rushing and Delilah Rushing certified by the following statement: Agreeable to a order to us directed to take the private examination of Delilah Rushing the wife of Holden Rushing that she signed the within deed free & willingly without the control of her husband, acknowledged before us. 

After the birth of two children in Anson County, Holden and Delilah migrated to Perry County, Tennessee. There on 15 January 1839, Delilah gave birth to her third child, a daughter, they named Elizabeth Elander Rushing. By 1845 Holden and Delilah are in Decatur County, Tennessee and a son, Enoch Deason is born. By 1860, Holden and Delilah are in Union County, Illinois.

1860 CENSUS: Township 12 S Range 2 W, Union, Illinois; Page:#191/835 (Penciled); Line#4, Dwelling#1419, Family#1387; Holden RUSHING, Male, head, farmer, age 58, born in NC; Delia RUSHING, Female, Wife, age 45, born in NC; Enoch RUSHING, Male, Son, age 16, born in TN; Martha RUSHING, Female, Daughter, age 12, born in TN and David  RUSHING, Male, Son, age 11, born in TN and Wm. RUSHING, Male, Son, age 7, born in TN. [Listed as [Ruthin] on Ancestry.]

This Census is the last document in which I have found  Delilah Rushing to be listed within. Nor have I found any other document naming her within its content. 

[Note; Beware of on-line trees they have her dying in 1849, 1896 and other dates.]

Holden Rushing and Delilah Burch Jackson had the following children:

i. Robert H. Rushing, born abt 1829, Anson County, North Carolina; married Johana F. Nance, 8 Apr 1852.

ii. John J. Rushing was born about 1830 in Anson County, North Carolina.

iii. Elizabeth Elander Rushing, born 15 Jan 1837, Perry County, Tennessee; married Artentious Stinson, 20 Jun 1852, Cherokee, Texas; died 31 May 1878, Cherokee County, Texas.

iv. Delilah Burch Rushing, born abt 1840; married Martin V. Powell, 30 Oct 1859, Union, Illinois; died 1883.

v. Enoch Deason Rushing, born abt 1845, Decatur County, Tennessee; married Cindona Matilda Flaugh; died Apr 1870, Jonesboro, Union, Illinois.

vi. Nancy Ann Rushing, born abt 1847, Decatur County, Tennessee; married Pvt. Joshua Lafayette Misenhimer, 31 Dec 1865, Union, Illinois; died 3 Jun 1933, Portland, Washington, Oregon.

vii. David B. Rushing, born 14 Oct 1848, Decatur County, Tennessee; married Mary L. Lookinbee; died 21 Jul 1915, Santa Monica, Los Angeles, California.

viii. William Pinkney Rushing, born 1 May 1852, Decatersville, Tennessee; married Malvina Overbay, 19 Dec 1877; died 5 Sep 1938, Jonesboro, Union, Illinois.

Holden Rushing died on 7 September 1878 in Jonesboro Pct, Union, Illinois. The death of his wife occurred sometime between 1860 and 1878. No record of her death or tombstones for either Holden or Delilah has been found.

____________________

1. Land Deed - Holden Rushing to James Ratliff; 21 April 1827; Deed Book #W; Page(s) 281; Register of Deeds; Wadesboro, Anson County, North Carolina; 3 January 2019.

2. Land Deed - Holden Rushing to Calvin Rushing; 2 June 1828; Deed Book #W; page(s)262.

3. 1830 U S Census, Anson County, North Carolina, population schedule, Anson County, North Carolina, Page#70(Penciled), Line#12, Household of Holden RUSHING; digital images, Ancestry (www.ancestry.com : viewed 1 November 2022); citing National Archives Microfilm M19, Roll 118.

4. Tennessee, United States, "Early Tax List Records, 1783-1895, 1837, Perry County, Tenn, Holden Rushing; Image 7 of 21, Tennessee Archives, Nashville, Tennessee.

5. 1850 U. S. Census, Decatur County, Tennessee, population schedule, District 4, Decatur, Tennessee, Page:#419A(Stamped); Line#32, Dwelling#150, Family#150, Household of Holden RUSHING; digital images, Ancestry.com (http://www.ancestry.com : viewed 1 November 2022); citing National Archives Microfilm M432.

6. 1860 U. S. Census, Union County, Illinois, population schedule, Township 12 S Range 2 W, Union, Illinois, Page:#191/835 (Penciled); Line#4, Dwelling#1419, Family#1387, Household of Holden RUSHING; digital images, Ancestry.com (http://www.ancestry.com : viewed 1 November 2022); citing NARA publication Roll: M_.

7. 1865 Illinois, Union County, Illinois, population schedule, Jonesboro, Union, Illinois, USA, Holden RUSHING; digital images, Ancestry.com (http://www.ancestry.com : accessed ); citing Illinois, U.S., State Census Collection, 1825-1865.

8. Select Deaths Index, 1877-1916, Images. Ancestry, (https://www.ancestry.com: 1 November 2022), State of Illinois, , Holden Rushing; Certificate number NL, Volume #1, Page 13, 7 September 1878.