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Edward Gunter’s Reservation S182 0650 Land Office
Sir, With this you
will be pleased to receive sundry documents filed in this office
relative to John Gunter’s and Edward Gunter’s Reservations in
0651 Edward
Gunter’s Land. Hugh Henry in
Feby. or March 1829 became acquainted with the place claimed by
Edward Gunter. Tho. D. Ackerman then lived there. Does not know
where Gunter then lived, but in 1820 Gunter lived on the South side
of the
John Cox
became acquainted with Edw. Gunter in 1817, when he lived at his
landing on the North side of the River – in 1818 Gunter resided on
the South side of the River and has never lived on the North side
since that time. Edward Cox
had known Edw. Gunter since Feby. 1817 when he lived on the tract
now claimed by him. Removed to the South side of the River in the
winter of 1818, 1819. Gunter removed his houses lower down the
river. Gilbreath
Barton – First knew Gunter in December 1818 when he lived on his
reserve North of the River. Witness rented some houses on the South
side of River from Gunter until Jany. 1819 when he removed in
consequence of Gunter’s wanting them. In Feby. of March 1819 Gunter
lived south of the River and has continued to reside there.
Elisha
Clampett – In 1818 Gunter lived on his land North of the River, and
in the latter part of 1819 and since that time has resided on the
South side. In 1821 Gunter rented his land north of the river and
ever since except one year. Robert Walker
– First knew Gunter in 1818 or 1819, thinks 1819, when he lived
South of the River. Kept the ferry for Gunter in part of 1819 and
1820. Gunter left the North for the South side of the River in
1819. Alexander
Gibreath has known Gunter since 1808 or 1809. Does not know where
he lived when the Treaty of 1819 was made, but in that year he lived
South of the river. David
Ricketts – In the early part of 1820 Gunter lived south of the river
and has continued to reside there. John M. Cole
knew Gunter 15 years ago when he lived north of the river. Same
year moved to the South side of River and has resided there since
that time. Thomas Aikman was Gunter’s ferry man. Gunter for the
last 9 years has not resided on the reserve. 0652 George F.
Reede became acquainted with Gunter in 1818 when he resided on the
south side of the river opposite the place now claimed, and has
lived on that side ever since. Gunter’s houses were moved down the
River near to his ferry landing in 1819. 0653 Edw. Gunter
claim to land as his ferry on the
Mr. McKee
testifies that in 1819 he moved his northern houses ¼ of a mile
lower down the River to the ferry landing. His land was cleared and
the ferry kept previous to 1819. Since 1819 has lived south of the
river. Isaiah Walker
first saw Gunter in 1814 when he was wounded by the Creek Indians.
In Feby. 1819 Gunter lived North of the River and had a fine
plantation down from his house to the ferry. He moved his houses to
the ferry, and they were made the center of survey of the
reservation. Got better land by removing. Rob Walker –
In 1819 Gunter lived on both sides of the River. He moved his
houses about 300 or 330 yards down the River in 1819 to his ferry
landing. His improvements then extended from his ferry up the River
to within about 100 or 150 yards of the place for which he moved his
houses. Has lived South of the River since that time. In making
the survey the center was fixed at his houses. David
Parkhills In 1819 gunter had a house or lived North of the River
about ¼ mile from his landing, in the same year moved the houses to
the landing and at that time his plantation extended to the ferry.
Has got better land by moving the houses begin the center of the
reservation. Has lived South of the River since 1819.
Edw. Cox –
testifies to the same effect as Bridges except with respect to his
wives. 0654 This
testimony it appears that prior to 1819 Gunter had a ferry with
Tennessee and lived and had plantations on both sides of the river
that in that year he moved his houses about ¼ of a mile down the
river to his landing but not out of his improvements. By this
removal he has obtained better land. His house is now the center of
the reservation – He has lived on the South side of the River. It
is not alleged that he has abandoned his ferry or the use and
occupancy of his northern houses and plantation and the case seemed
to depend entirely upon the fact whether his having lived since 1819
on the South side of his ferry is sufficed to constitute a
fulfilling of his right to his northern plantation. Edward Gunter
is one of persons named in the Schedule referred to in the 3rd
Article of the Convention of 1819, Land Laws page 169, to whose
estates in fee simple are given. 0655 The State of
This day
personally appeared before me Mr. H. E. Wheeler on acting justice of
the peace in and for said
I was living
on the south side of the Tennessee River in the year of 1819 and in
the spring of that year Edward Gunter was living on the south side
of the said river in what is now called the Cherokee Nation, but
part of his family lived on this side of the river and he tended
some land on this side of the river in what is now called Jackson
County or at least they said it was Gunter’s Corn tho I never seen
him or working at River by B. Smith do you know after the treaty was
made public that Gunter pulled own his houses and moved them, and he
pulled his houses down in the fall of the year 1819 or 1820 tho I
believe it was in 1819 and moved 0656 them
something near one quarter of a mile down the river to his ferry
landing. Quest. by the same was not there before the reservation
was surveyed by the public surveyor who come through this county for
that purpose? Ans. It was some little time before I heard talk of
its being surveyed tho I never see it surveyed. Quest. by the same
did not Mr. Gunter by this moving of his houses make an exchange of
a very mean piece of land for a very good piece? Ans. He got a
first rate piece of land for a very mean place for the distance
before measured extending one mile in length Quest. by the same has
Mr. Edward Gunter ever live on this side of the river since he moved
has houses? Ans. Not as I know of. Quest. by the same has it not
been a talk amongst the people that Mr. Gunter defrauded
the government by this removal of his house? Ans. I have heard
folks say that he got a first rate piece of land by this removal,
and I always understood that the Treaty confined them to make their
houses the center of their reservations. Quest. by the same did you
ever hear Mr. Gunter say anything about the rumors of his houses?
Ans. I don’t recollect of ever hearing him say anything about them
but I seen him when he was a moving them. Quest. by Edward Gunter
was not my plantation lying at the ferry landing when you was first
acquainted at that place? Ans. 0657 The first
time that I ever was there it was in the fall of 1816 and it was
then in the woods and a cane track and in the year 1819 I was there
again and your farm was then near about the ferry and I think Akiman
told me that he had hope to clear that land and it was cleared when
I came back in 1819 and he told me that he had been keeping the
ferry for you. Quest. by Gunter Is the ferry landing now at the
same place that it was in 1816? Ans. I put in stock some distance
above where the ferry landing is now in that year when I crop, but
where you moved your houses it was the ferry landing in the year
1819. Quest. by the same Those houses that you speak of did you
see them pulled down? Ans. I did not see them pulled down. Quest.
by the same the plantation that was in the year of 1819 is it not
the center on one side? Ans. I don’t know. Sworn to and
subscribed before me this 12th day of March 1831 --- William McKee
his mark Hon. H.E.
Wheeler (seal) Justice of
the Peace Isaiah Walker
evidence, The first time as well as my mind serves me at this time I
ever seen Edward Gunter was lying wounded and I was told by the
Creeks the inst. think the 4th 1814. The next time I
seen him was living at what is called Gunter’s Landing in the year
1819. 0658 Quest by
Booker Smith, do you know where Edward Gunter’s place of residence
were at the time the treaty was made between the
0659 It was the 7th
of February that I was there. Quest by Gunter, were you present
when the surveyor surveyed my reservation? Ans. I was. Quest by
the same, did you not think, where he made the center, it was the
center of my improvement? Ans. There was cleared land above and
below and the house was there where he made the center. Quest. by
the same, did you not go clear round with the surveyor when he ran
it out? Ans. I did. Isaiah
Sworn to and
subscribed before me this 12th day of March 1831--------- Hon. H.E.
Wheeler (seal) Justice of
the Peace Robert Walker
evidence, When I was on the south side of
0660 Before long
then some of them told me that a negro should gather corn in my
place then I readily consented to go and accordingly done so and
stayed there until some time I think late in January or quite early
February but I do not exactly recollect. Close about that time
though I think this was the months of (illegible) the year 1820 but
some time before this the reservation was surveyed by the surveyors
and his hands. Quest by Booker Smith, was you acquainted with
Edward Gunter’s place of residence in the year of 1819? Ans. I
believe he held a place of residence on both sides of the river.
Quest. by the same, do you know of Mr. Gunter’ pulling down his
houses and moving things from his residence on the north side of the
river and how far do you suppose he did move them? Ans. I believe
he pulled them down and moved them something near three hundred and
thirty or forty yards. Quest by the same, did you assist Mr. Gunter
in the removal of the houses? Ans. If I did, I don’t now
recollect. 0661 I might or I
might not but I recollect that I ? him house there where my ?
notes. Quest. by the same, was you not there at the time of this
removal in the employ of Mr. Edward Gunter? Ans. I was. Quest. by
the same, did Mr. Gunter ever express to you the reason or object he
had in moving them houses? Ans. If he did I don’t recollect.
Quest. by the same, did not Mr. Gunter gain by this removal of his
houses a very excellent piece of land in lieu of a very indifferent
piece the distance that you stated he moved them houses the full
length of his reservation? Ans. I had much rather have it. Quest.
by the same, what has been the language of the people on the subject
of this removal? Ans. I have never heard anything said about this
removal, but I have heard people say that he had more than land his
right, they expected. Quest. by the same, where did the principal
part of Mr. Gunter’s plantation lye on the north side of
0662 Quest. by the
same, Do you know of Mr. Gunter’s living on that reservation since
the year 1819? Ans. He does not. Quest. by the same, has not Mr.
Gunter’s residence been on the south side of the
0663 round until
he came to the River. Quest. by the same, did you not think at that
time that he placed the improvement as well the center as he could
have done it? Ans. I think that he was particular in placing the
compass in the center of the door of the house he removed and the
ferry landing. Robert Walker Sworn to and
subscribed before me this 11th day of March 1831 Hon. H.E.
Wheeler (seal) Justice of
the Peace David
Parkhill’s evidence, he states on oath that he (illegible) remove to
the state of Alabama in the year of 1819 and landed at Gunter’s
Landing and at that time Edward Gunter lived or had a house on the
north side of the Tennessee River something like one quarter of a
mile above the ferry landing claimed by him and in the same year
moved his house down to the landing and has ever since lived on the
south side of the river near said landing and in the Cherokee Nation
and by removing his houses, and making the center of the reservation
claimed by him on the north side of the Tennessee River. I have 0664 frequently
heard the settlers say that Edward Gunter had by removing his houses
from where they were originally built, to the place where he rebuilt
them near the ferry landing had defrauded the government of the
United States and thereby gotten a piece of land in breadth the
distance he removed his houses and in length one mile of first rate
quality of land instead of the same quantity of inferior land he
otherwise would have gotten if he had not removed his houses and in
his opinion by so doing has departed from the spirit of the Treaty. Quest. by
Edward Gunter, was there not a plantation on the north side of the
river at the ferry landing at that time? Ans. I think there was
that extended as low as the landing. Quest. by the same, those
houses you speak of being removed, did you see them removed? Ans.
I did not. Quest. by the same, the ferry landing and the
improvement don’t you believe them to be about the center of the
reservation? Ans. I don’t know but I have always understood 0665 there were as
near the center as practable. Quest. by Smith, was the houses that
before mentioned shortly after the treaty demolished and moved
away? Ans. I think it was in the year of 1819 they were removed
from where I first seen them. Quest. by the same, when you first
moved to the country did you see any houses at the ferry landing?
Ans. I do not recollect but my impression is there was not any
there. Sworn to and
subscribed before me this 12th day of March 1831 Hon. H.E.
Wheeler, H.Peters Justice of
the Peace I certify
under my hand and seal that the foregoing deposition was taken by
and before me the day and date first above written and that the said
William McKee, Isaiah Walker, Robert Walker and David Parhkill
subscribed their names in my presence.
Hon. H.E.
Wheeler (seal) Justice of
the Peace 0666 State of
I Richard
Blelagian clerk of the county court for the county and state
aforesaid do certify that William H.E. Wheeler whom now appears
subscribed to the within certified is and was at the time of
subscribing the same and acting Justice of the Peace in and for the
said county of Jackson duly commissioned and qualified as such and
that full faith and credit is and should be given to all his
official acts as scuh.
List R. Blelagian
clk. Ee. 0667 The State of
0668 I have still
lived in the neighborhood of aid landing ever since the year 1819 in
the fall of that year Mr. Gunter removed his houses near one quarter
of a mile down said river opposite his ferry landing at or near the
lower part of his improvements which is said by some who profess to
know was made the center on the south side of his reservation and if
it was according to my understanding of the treaty which granted
reservation to said Gunter, the said Gunter got a very valuable
tract of land in place of a very rocky barren track the full extent
in width and one mile in length of the distance that he removed his
houses down said river and according to the knowledge I have of the
boundary claimed by a reservation by said Gunter the place where the
houses now stand was made the center.
Question by
Smith, was this removal of the houses before or after the treaty was
concluded and made public? Ans. It was after. Quest. by the
same, has not Edw Gunter lived on the south side of the Tennessee
River ever since the treaty was concluded in the year 1819 between
the
Edmond
Bridges Sworn to and
subscribed before me this 21st day of March 1831 Hon. H.E.
Wheeler (seal) Justice of
the Peace 0669 Edwards Cont.
states as follows. My
acquaintance with Edward Gunter was early in the year of 1817 that I
moved to the neighborhood of Gunter’s Landing at that time the said
Gunter had no other improvement than a small log cabin which was
built on the point of a rocky bluff on the north side of the
Tennessee River directly thereafter a treaty was in progress say
some few months and concluded in 1819. Edward Gunter some time that
date moved hid log cabins down the river about one quarter of a mile
first about the lower end of his improvements that he had made from
my first acquaintance with him. I had frequent conversation with
him and has to this day been friendly with him he stated that it was
improving the value of his reservation that he was about to have
established at that place known as Gunter’s Landing in the county of
Jackson Alabama state. The said Gunter some time previous did more
to the south side of the
0670 indifferent
piece of land the distance he moved his houses down the river the
full length of his reservation. Answer, he
did receive one quarter of a mile up and down the river and one mile
out of the very first rate land in place of a rocky bluff fronting
the river and back a mile of very sterile worthless land. Quest. by
the same, was it before or since the treaty was made public that he
removed their houses? Ans. It was just before the surveying the
reservations. Quest. by the same, has it not been a general talk
through the neighborhood that Edward Gunter has by this removal of
his houses defrauded the government of the
Sworn to and
subscribed before me this 21st day of March 1831 Hon. H.E.
Wheeler (seal) Justice of
the Peace I certify
under my hand and seal that the foregoing deposition was taken by
and before me the day and date first above written and that the said
Hon. H. E.
Wheeler JP (seal) Justice of
the Peace 0671 Notice Booker Smith
and John Gilbreath vs. Edward Gunter Executed by
handing a copy to Edward Gunter on the 8th day of March
1831 By David
Richards Constable 0672 State of
Mr. Edward
Gunter Sir you will
please to take notice that I will attend at the office of William
H.E. Wheeler Esq. a Justice of the Peace in and for the county
aforesaid on the twelfth day of the present month for the purpose of
taking the evidence of Gilbreath Barton, Jeremiah Roden, Junior,
Benjamin Roen, Alexander Gilbreath, William McKee, John Edwards
Senior, Samuel Webber, William Manning, David Parkhill, Nathan
Crockett, David Rickets, Charles Carnally, Robert Walker, Isaiah
Walker, and George T. Read, respecting the right to a reservation
said to have been taken by you embracing one mile of square on the
north side of the Tennessee River in the count of Jackson and
opposite the ferry you keep on said river. The evidence will be
taken between the hours of
Booker Smith Mr. Gilbreath 0673 A notice to
Edward Gunter I certify
that I have served a true copy of this notice on Edward Gunter this
15th day of March 1831. Lt Boshart 0674 Same as 0673 0675 Papers
relative to Edward Gunter’s Reservation 0676 The State of
Mr. Edward
Gunter Sir take
notice that we will attend at the office of William H.E. Wheeler a
Justice of the Peace in and for this county on Monday the 21st
of the present month for the purpose of taking the evidence of
Edward Cox and Edmond Bridges respecting a right to a reservation of
land said to have been taken by you on the north side of the
Tennessee River opposite to Gunter’s Landing in the county of
Jackson, at which time and place you may attend if you choose.
Booker Smith John
Gilbreath 0677
Edward Gunter Forwards copy
of General Meigs certificate that he is entitled to a few simple
reservations under the Cherokee Treaty. To the Hon.
Elijah Hayward Commissioner
of
0678
Commissioner
of the General Land Office Sir,
0679 A Certificate
for Edward Gunter 18th August 1819 Edward Gunter
a Cherokee having had a reservation of land granted to him by the
treaty of
Given under
my hand and the seal of the Cherokee Agency the 18th day
of August 1819 Return G.
Meigs (seal) The State of
This day
personally came before me John J. Coleman an acting Justice of the
Peace in and for said county and state, duly elected commissioned
and sworn, John Read late Register of the Land Office of the
District of Lands belonging to the United States of America, offered
for sale at Huntsville Alabama, who on being duly sworn deposeth and
saith that the above is a correct copy of a certificate now in the
hands of Edward Gunter from Return J. Meigs late Cherokee Indian
Agent, and that the whole of said document including the signature
thereto is in the proper hand writing of said Return J. Meigs.
Sworn to and subscribed before me this the 19th day of
April 1832. John Read John J.
Coleman J.P. (seal) State of
I Richard B.
Pindom clerk of the county court of said county do certify that John
J. Coleman before whom the forgoing affidavit was sworn, 0680 is now and
was at this date of the same, an acting Justice of the Peace, in and
for said County, duly commissioned as such and that full faith and
credit due to all his official acts. In testimony
whereof I have hereunto subscribed my name and office the seal of
said county courts, at offices, in Huntsville, this nineteenth day
of April in eighteen hundred and thirty-two and of American
Independence the fifty-sixth. 0681 The State of
Persuant to a
notice heretofore served on Edward Gunter, a copy of which marked
(A) is herewith filed and executed by David Ricketts constable of
Archibald R. Barclay an acting justice of the peace in and for the
county of a aforesaid, at the insistence of John Gilbreath and
Booker Smith have called and caused to come before me at my office
in Claysville Bailey Read, John Gilbreath, Hugh Henry, Edward Cox,
Elisha Clamfirth, Richard Chuck, Howard Rose, William McKee, Richard
Kirdland, David Ricketts, Booker Smith, David Parkhill, Benjamin
Rodon, Jeremiah Roden, John Cox, Edmond Bridges, and Samuel Webber
on the 13th day of April 1832 at the hour of 11 o’clock
A.M. of that day, who being duly sworn to speak the truth the whole
truth and nothing but the truth in relation to the claim of Edward
Gunter to a reservation of 640 acres of land in said county, claimed
by him under a treaty between the United States and the Cherokee
Nation of Indians – 1st who said Hugh Henry being first
called 0682 deposeth and
saith that in the y ear one thousand eight hundred and nineteen in
the latter part of February at the first of March was his first
acquaintance at Gunter’s Landing when Mr. Edward Gunter claims hi
reservation and to the best of his recollection Thomas did know
there lived on the reservation which is claimed by the said Edward
Gunter and as to when Mr. Gunter lived at that time he is unable to
say in the year but in the year eighteen hundred and twenty in the
latter part of the winter on early in the spring he returned to said
Gunter’s Landing Mr. Edward Gunter then was living on the south of
the Tennessee River in the Cherokee Nation. Where the contract to
live for some few year and then allowed a short distance for them in
the Nation. Quest. Did
you ever know of Edward Gunter’s living on the reservation claimed
by him in
Ans. I never
knew of Edward Gunter every one on the land claimed by him as a 0683 defendant
says that Hugh Henry Sworn to and
subscribed before me this 13th day of April 1832 A.R. Barclay
Justice of the Peace 2nd
John Cox being next called deposed and says that in the year 1817 I
became acquainted with Edward Gunter at Gunter’s Landing and that he
then lived on the north side of
Sworn to and
subscribed before me this
A.R. Barclay
Justice of the Peace 0684 3rd
Edward Cox being next called, stating that his first acquaintance
with Edward Gunter was in Feb. 1817. My acquaintance with him, has
been ever since that date, never living more than from five to
foreteen miles since; he lived on the north side of the Tennessee
River where I first became acquainted with him on the tract of land
now called his reservation and sometime in the winter of 1819 he
moved on the south side of said river and lived a few years near the
banks; and then moved about two miles south of his first settlement
into the nation where he now lives. Question by
Booker Smith. Do you know that Edward Gunter removed the houses he
at first occupied from the place where he first erected them, lower
down the river, and if so, did he not by moving said houses make the
center of the reservation in a manner to gain to himself a very
valuable addition to the value of the reservation, by throwing off
inferior land and gaining thereby land of the best quality in its
stead; and how far you think he moved the houses? In answer to
the first part of your question, moving his houses & c. I think the
distance to be about or between fore and five hundred yards down the
river, and next part of the question he by said removal did gain
that amount of first rate land in place of 0685 a spur or
bluff on said river and back of said bluff that distance of 2 berth
and pore land the width of said reservation. Question by
Booker Smith. Did not Edward Gunter move the houses, as it appeared
to you at that time, for the purpose of adding to the value of the
said reservation? Answer. I do
– Question by
Booker Smith. At what time did Edward Gunter remove from the
reservation claimed by him to the Cherokee Nation? Answer. In
the early part of the year of 1819 or the latter part of 1818 he
moved to the south side of the river. Edward Cox Sworn and
subscribed to before me this
A.R. Barclay
Justice of the Peace (seal) 4th
Gilbreath Barton being next called states that his first
acquaintance with Edward Gunter commenced in December 1818 and I
have knew him ever since when I first become acquainted with him he
lived on the north side of the river on what is now called his
reservation. I rented of the said Gunter some houses on the south
side of the
0686 I then left
there as Gunter told me that he wanted the houses to move to. I
moved and settled about 3 or 4 miles and I don’t recollect of ever
being back at the same place until the latter part of February or
Sworn and
subscribed to before me on this
A.R. Barclay
Justice of the Peace (seal) 5th
Elisha Clampett is next called states that his first acquaintance
with Edward Gunter commenced in 1818 he was then living on the north
side of the Tennessee River and I have been acquainted with him ever
since in the latter part of the year of 1819. I was Gunter’s
Landing and Edward Gunter was then living on the south side of
Quest. by
Edward Gunter. Did you ever know of men living there as tenants on
my reservation? Ans. In 1821 Dawson Clark told me that he rented
some land of you and leased some for the clearing and was to have it
rent free for four years 0687 and it has
been rented out to different tenants ever since except on year it
lay idle or a part of it. I recollect of no tenant that year. A.R. Barclay
Justice of the Peace (seal) 6th
Robert Walker being next called states that his first acquaintance
with Edward Gunter commenced in 1818 or the early part of 1819 but I
think 19 I was then on the south side of Tennessee River about eight
miles from Gunter’s Landing on a place that I had then rented of
Edward Gunter, near corn gathering time word came from the Mr.
Gunter’s that if I would go and keep the ferry they would send a
hand to gather corn for me that he E. Gunter wanted to go to a
council that was then in the nation. I stayed at the ferry until
1820. Gunter left this side of the river in 1819 and has never
lived on the north side of the
Sworn and
subscribed to before me this
A.R. Barclay
Justice of the Peace (seal) 7th
Alexander Gilbreath being next called states that his first
acquaintance with Edward Gunter commenced in the year 1808 or 1809
and have being acquainted with him ever since 0688 that time. Question by
Booker Smith. Do you know where Mr. Edward Gunter lived at the time
the treaty was made between the United States, and the Cherokee
nation in the year 1819, and where he has lived since that time?
Answer. I do not recollect where he lived at the time the treaty
was made, but he lived in the Cherokee Nation in the year 1819, and
has continued to live in the Cherokee Nation ever since. Sworn and
subscribed to before me this
A.R. Barclay
Justic of the Peace (seal) 8th
Benjamin Roden being next called states that he became acquainted
with Mr. Edward Gunter in the summer of the year 1819. Question by
Booker Smith. Where did he live when you became acquainted with
him? Answer. He lived in the Cherokee Nation on the South side of
the
Question by
the same. Where has he lived since that time? Answer. He has
continued to live in the Cherokee Nation 0689 ever since
that time. Question by
Edward Gunter. Did you know of any persons occupying the
reservations claimed by me on the north side of the
Sworn and
subscribed to before me this
A.R. Barclay
Justice of the Peace (seal) 9th
David Ricketts being next called states that in the early part of
the year 1820 Edward Gunter lived in the Cherokee Nation and has
continued to live there ever 0690 since that
time to the present date. Sworn and
subscribed to before me this
A.R. Barclay
Justice of the Peace (seal) 10th
John W. Cole being next called states that he became acquainted with
Edward Gunter fifteen years ago. He Gunter then lived on the north
side of the river and continued to live there on to the spring of
that year, and then he moved off, I think up the river to the south
side near to where Samuel Gunter now lives something like 8 or 10
miles from Gunter’s Landing. My next acquaintance with E. Gunter
was in January 1823 he was then living on the south side of the
river in the Cherokee Nation and has continued to live on the same
side of the river ever since. Question by
Booker Smith. Were you at or in the neighborhood of the reservation
in question between the years 1817 and 1823? And if you were, where
did Mr. Edward Gunter then live? Answer. I was there twice during
that time, in the months of October in two different years. And I
was informed 0691 by said
Gunter’s ferryman Thomas Aikman that he lived from eight to ten
miles from the said reservation in the Cherokee nation at those
times; and has continued to live there (in the Cherokee Nation) ever
since and I have resided in this neighborhood for the last nine
years and have never known of Mr. Gunter’s having lived on the land
in question during that time. Sworn and
subscribed before me this
A.R. Barclay
Justice of the Peace (seal) 11th
George T. Reed being next called states that he became acquainted
with Edward Gunter in the year 1818 at which time he lived in what
is now known as the Cherokee Nation on the south side of the
Tennessee River, and opposite to the place he now claims as a
reservation in the county of Jackson. Question by Booker Smith.
Where has Edward Gunter resided since your first acquaintance with
him in the year 1818? Answer. He has not lived on the reservation
in question since my first acquaintance with him; and has continued
to live in the Cherokee Nation ever since that time. Question by
Booker Smith. Do you know that Edward 0692 Gunter did,
in the year 1819, remove the houses on the reservation claimed by
him, so as to make the center of said reservation a considerable
distance further down the river? Answer. I think the houses were
removed from where they stood at the time of any first acquaintance
with that place about one quarter of a mile lower down the river,
which was done as I suppose in the year 1819. As I saw them
standing at the place they were removed to in the fall of 1819.
Question by Booker Smith. Did not Mr. Gunter by removing his houses
as above named gain good land that distance one way and one mile the
other way; and thereby add greatly to the value of the reservation
above named? Answer. By that means Mr. Gunter gained land that is
considered very valuable, instead of land of very inferior quality.
Question by Booker Smith. Has it not been generally said by the
people in this neighborhood that it was a fraud practiced by Mr.
Edward Gunter to the injury of the Government of the United States
in this removing the houses above named? Answer. It has been
generally said to be so. Question by
Edward Gunter. Did you see the 0693 houses
removed you speak of? Answer. I did not. Question by Edward
Gunter. Do you know where the center of the reservation is?
Answer. I do not know. Question by Edward Gunter. Did my
plantation lie at the ferry landing when you first became acquainted
with it in 1818? Answer. It was between where Mr. Gunter’s houses
originally stood and the Ferry landing, and extending I think nearly
from one place to the other.
George T.
Reed Sworn and
subscribed to before me this
A.R. Barclay
Justice of the Peace (seal) I certify
under my hand and seal that the foregoing deposition was taken truly
by and before me the days and dates above written and that said Hugh
Henry, John Cox, Edward Cox, Gilbreath Barton, Elisha Clampett,
Robert Walker, Alexander Gilbreath, Benjamin Roden, David Ricketts,
John W. Coal, and George T. Reed subscribed to the foregoing
depositions in my presence this 16th April 1832. A.R. Barclay
(seal) Justice of
the Peace for
0694 State of
I Richard
Blelagian clerk of the county court for the said county do hereby
certify that A.R. Barclay Esq. before whom the foregoing depositions
were taken and whose name appears subscribed to the within and
foregoing certified now is and was at the time of subscribing his
name thereto and acting Justice of the Peace in and for the said
county duly qualified as such and that full faith and credit is and
should be given to all his acts as such.
In Testimony
whereof I have hereunto subscribed my name and affixed my personal
seal this being said seal of affairs at office this 23rd
day of April 1832. (seal) Tesa R.
Blelagian Clerk 0695 Notice John
Gilbreath And Booker
Smith Vs. Edward Gunter A. Copy State of
Personally
appeared before me A.R. Barclay an acting Justice of the Peace in
and for this county aforesaid John A. Wear who being duly sworn
states that on the 13th day of April 1832 he delivered to
Edward Gunter a notice of whereon this as a true copy and explained
it to him truly.
A. Wear Sworn and
subscribed to before this 13th April A.R. Barclay
JP 0696 Mr. Edward
Gunter To be
continued from day to day, until the whole is taken, at which time
and place, you may attend if it suits you. Mr.
Gillbreath Booker Smith
0697 Notice to
Edward Gunter Once state by
hand a copy to Edward and by reading and explaining the source to
him on the 10th day of April 1832 by me. Constable 0698 Mr. Edward
Gunter, Sir, take
notice I shall attend at the office of A.R. Barclay an acting
Justice of the Peace for the County of Jackson on the 13th
of this inst. and to continue from day to day until the evidence is
all taken to taken the evidence of John Gunter, Sir Thomas Hodges,
William Smith, Robert Walker, respecting your right to a reservation
of land said to be taken by Thomas Harrison, when you may attend if
you choose, this 9th April 1832. L.H. Bashart 0699 Booker Smith
and John Gilbreath Vs Edward Gunter For Rich
Check Expected on
the 17th day of April 1832 by me. Deputy
Constable 0700 State of
To any, or
Jeffer Check Deputy Con., lawful officer to execute. You are hereby
commanded to summon Richard Check to be and appear at the office of
A.R. Barclay on the 17th instant to give evidence
respecting a reservation of land in said county, claimed by Edward
Gunter, which claim is contested by Booker Smith and John Gilbreath
herein fail not. Given under my hand and seal this 16th
day of April 1832. 0701 L.D. Bashart Vs Edward Gunter For John
Gunter Executed on
the 23rd day of April 1832 year. Constable 0702 State of
To any lawful
constable you are hereby commanded to summon John Gunter in to
appear before me at my office on the 24th day of this
instant to give evidence in a certain matter of controversy before
me defending therein L.D. Bashart is plaintiff and Edward Gunter is
defendant fail not give under my hand and seal this 13th
day of April 1832. A.R. Barclay
J.P. Justice of
the Peace 0703 Subpoena John Gunter L.D. Bashart Vs. Edward Gunter Executed on
the 10th day of April 1832 by me. Con. 0704 State of
To any lawful
officer granting you are hereby commanded to summon John Gunter to
appear before me at office on the 13th instant to give
evidence in a certain matter of controversy wherein L.D. Bashart is
plaintiff and Edward Gunter defendant in behalf of the plaintiff
fail not given under my hand and seal this
0705 Subpoena for
Jno Gunter Sir L.D. Bashart Vs Edward Gunter Executed on
the 23rd day of April 1832 by me. 0706 State of
To any lawful
officer granting you are hereby commanded to summons John Gunter Sr
to appear before me at my office, on the 24th instant to
show course if any he had why he did not appear before A.R. Barclay
to give evidence in case L.D. Bashart against Edward Gunter and why
the statute shall not take it due course for his failing to appear
fail not given under my hand and seal this 13th April
1832. A.R. Barclay
JP (seal) 0707 Notice John
Gilbreath and Booker Smith To Edward
Gunter Executed by
handing a copy to Edward Gunter and by reading and explaining the
same to him on the 10th day of April 1832 by me. Constable 0708 Mr. Edward
Gunter Sir, You will
please to take notice that we shall attend at the office of
Archibald Barclay Esq. on Friday the 13th instant for the
purpose of taking the evidence of Bailey Read, John Gilbreath,
Alexander Gilbreath, Hugh Henry, Edward Cox, Elisha Clampett,
Richard Check, Howel Rose, William McKee, Richard Kirkland, David
Ricketts, Booker Smith, David Parkhill, Benjamin Roden, Jeremiah
Roden, John Cox, Edmond Bridges, and Samuel Webber to be read in
evidence before the commissioners of the General Land Office in this
city of Washington District of Columbia respecting your claim to a
reservation of land containing six hundred and forty acres of land
claimed by you and lying in the county of Jackson, and on the north
side of the Tennessee River to be continued from day to day until
the whole is taken, at which time and place you may attend if it
suits you. Booker Smith
0709 Notice to
Edward Gunter Executed by
handing Edward a copy this notice by the 14th day of
April 1832 Const. 0710 State of
Mr. Edward
Gunter
L.D. Bashart 0711 Notice to
John Gunter This notice
executed by handing a copy to John Gunter Sr and by reading and
explaining the same to him on the 10th day of April 1832
by me. Constable 0712 Mr. John
Gunter sir, Take notice
that I shall attend at the office of A.R. Barclay a Justice of the
Peace for the county of Jackson on the 13th day of this
month for the purpose of taking the evidence of Isaiah Walker,
Robert Walker, William Smith, Booker Smith respecting your right to
a reservation of land in township 647 range 4 east where you may
attend if you choose this 9th April 1832 Isaiah
Wilerman 0713 1836 Copy of a
transcript made from John Gunter Jr. to John Gunter Sr. June 18/84 See Cherokee
series of books No 17 p 15 Christavey 0714 State of
Know all
hereby then present that I John Gunter Junr. Of the county of
Jackson and state of Alabama for and in consideration of the sum of
six thousand dollars to me in hand paid the receipt whereof is herby
acknowledged have this day bargained sale transpired and delivered
and by these presents do bargain sale transfer and deliver unto John
Gunter Senr. Of the county and state aforesaid all my right title
claim interest and demand of in and to the following described
property (viz) one improvement or occupant claim to a certain tract
or parcel of land lying in that part of Jackson County state of
Alabama over which the jurisdiction of said county has been extended
by the legislature of said state containing about one acre and up on
which is a store house known and called by the name of Gunters Store
and also a blacksmith shop and other improvements together with the
appartainances and also my full entire and complete stock and
assortment of goods earned and merchandise now on hand at said
storehouse and all that has been purchased heretofore for the use
and benefit of said establishment and not yet received be it all of
whole kind character and description it may also owe other
improvements in the same part of said county know and called by the
name of Cave Spring improvement and purchased by me of Stephen
Newman with all its appertainances and I also owe other improvements
in the same part of the said county on Brown’s Creek adjoining the
improvement of Dry Forehead and purchased by me of Howell Rose and
its appertainances also five horses and one mule and two wagons with
their gear to have 0715 and to hold
all and singular the property of every kind, sort, character, and
description herein mentioned and by these present bargained, sold,
transpired, delivered under the said John Gunter his heirs,
executors, administrators, and assigns forever and the said John
Gunter Junr. do hereby lend and obligate myself to warrant and
defend to the said John Gunter Senr. his heirs, executors,
administrators, and assigns all the property therein mentioned and
specified against the claim or assigns and the claims of or claim
myself, my heirs, executors, and administrators and any al every
other person whatsoever in testimony whereof I have here unto set my
hand and affixed my seal this 21st day of February 1834. J. Gunter
(seal) Test M.W. Lindsey Stephen
Newman State of
I Moses Jones
clerk of the county court of
In testimony
whereof I have hereunto subscribed my name and affixed my private
seal having no seal of office, at offices in Bellafonte the 29th
day of September one thousand eight hundred and thirty six and of
American Independence the sixty first year. Clks fees}
$1.75 0716 Copy of the
last will and testament of John Gunter Senr. No. 6 0717 The Last Will
and Testament of John Gunter I John Gunter
Sen. of the Cherokee Nation and residing in the said Nation do make
and ordain this my last will and testament. 1. I desire
that all my just debts shall be paid as soon as convenient after my
decease. 2. It is my
will that my son Samuel Gunter have my mill and plantation situated
and being on and near Brown’s Creek being the same which I purchased
of James Thompson and also that he have one Negro woman named Peggy
move in his possession. I also give to my son Samuel Gunter all the
debts which he may be owing me at the time of my decease. 3. It is my
will that my daughter Martha Henry have the five following Negroes
viz Peter Murray. Sukey and his children, Viny and Lucy and all the
increase of the said Negroes. 4. Should my
daughter Martha die without children it is my will that the said
Negroes above mentioned be considered as part of my estate and be
divided as follows viz one to each of my children and one to my
grand daughter Nancy Gunter a daughter of Edmond Gunter. 5. Should
the above Negroes have any more increase after this time then it is
my will that my grandson George a son of Samuel Gunter have one and
any other increase which they ma have to be divided between my
daughter Elizabeth and Catherine. 0718 6. It is my
will that my daughter Elizabeth Gunter have the six following
Negroes viz. Olivan Nero Isaac,
7. It is my
will that my daughter Catherine Gunter have the five following
Negroes viz. Bill, Andrew, Calvin, Polly, and Peggy and all their
increase. 8. It is my
will that my son John Gunter Junior have the six following Negroes
viz. Tom, Bob, Mary, Augustus, Daniel, and
9. It is my
will that all warrants what I may have on the Cherokee Nation at the
time of my decease shall belong to my son John Gunter, Jr. 10. As I
have sold my crop of cotton of the year 1832 to my son John Gunter
Jur. for five hundred dollars it is my will that if I should die
before he can return from his contemplated voyage to New Orleans
then the said John shall not be called upon to make payment for said
cotton provided that he shall on his return supply the family at my
present home with three hundred pounds of coffee and three barrels
of sugar but if I should live till he can return then this tenth
article to be void and of no effect. 11. It is my
will that my reservation of a tract of land lying in Jackson county
Alabama and known by the name of Gunter’s
12. It is my
will that my granddaughter Lucy McLoy whom I have raised shall have
the four following Negroes viz. Aaron, Jacob, Chloe, and
0719 Mary and all
their increase. 13. It is my
will that my wife Catherine Gunter have the seven following Negroes
viz Will, Sophy, Jack, Abram, Bolivar, Rachel, and Bonipart and all
there increase.
14. It is my
will that on the decease of my wife Catherine Gunter five of the
last mentioned Negroes viz. Will, Sophy, Jack, Abram, and Bolivar
with all their increase shall belong to and become the property of
my youngest daughter Catherine Gunter. 15. It is my
will that on the decease of my wife Catherine Gunter two of the
Negroes mentioned in article thirteen viz. Rachel and Bonipart with
all their increase shall belong to and become the property of my son
Edmond Gunter. 16. it is my
will that my wife Catherine Gunter have the use of all my hosue hold
and kitchen permits during his life and at his decease that it be
divided equally between my three daughters Martha, Elizabeth, and
Catherine and my granddaughter Lucy McLoy provided however that if
either of my daughters or granddaughter should marry before the
decease of my wife then my is wife is requested to give to such an
one his part of the furniture. 17. It is my
will that all my stock of cattle and hogs be equally divided between
my wife Catherine and my daughters Martha, Elizabeth, Catherine, and
my granddaughter Lucy McCLoy. 18. It is my
will that my wife Catherine Gunter have my house and plantation
where I now live with all its appertinances including the plantation
on the island at her own disposal during her life provided that she
shall not sell, rent, or in any way put it out of her own
cultivation. 0720 as long as
the land belongs to the Cherokee Nation. 19. It is my
will that at the decease of my wife Catherine the house and
plantation of land mentioned in the last article shall be by the
executors of this my last will and testament offered for sale to the
Leggatees alone who are mentioned in this will and no one else shall
have a right to become a purchaser and the property shall be sold to
and become the rightful possession of the individual among my
leggatees who will give the highest price for it and at the same
time enter into such penal bond as the executors shall deem prudent
that he or she the said purchaser will not dispose of the said house
and plantation of lands to any one except one of my lenial
descendants. 20. And it
is furthermore my will that no person except one of my own
descendants shall ever become the owner of the property mentioned in
the 18 article. I do therefore ordain that if any of my heirs shall
dispose of it to any such an individual the title to said individual
shall be and it is hereby declared to be null and void and the
property shall in such case return to and be vested in my legatees
to be disposed of as directed in article nineteen. 21. It is my
will that my wife Catherine Gunter have six hundred dollars in ready
money. My daughter Martha Henry two hundred and fifty dollars. My
daughter Elizabeth Gunter two hundred and fifty dollars. My
daughter Catherine Gunter two hundred and fifty dollars. My
granddaughter Lucy McLoy two hundred
0721 and fifty
dollars all which sums are to be paid in ready money by my executors
as soon as they shall enter upon the duties of their office. 22. It is my
will that all my ready money after the above named shall have been
paid hall be equally divided between my sons Samuel and
23. Although
I have left several legacies to my daughter Martha Henry yet it is
my will that none of them be paid to her so long as she shall remain
the wife of Hugh Henry but it is my will that all legacies which I
have designated for the said Martha shall be placed in the hands of
Samuel and Edmund Gunter in trust for the use and benefit of the
said Martha and they shall be required to give bond for the good
management of said legacy and the faithful application of all the
proceeds to the benefit of the said Martha and if the said Martha
shall die without issue, then all the legacies which I have
designated for her shall be regarded as part of my estate and shall
all except the Negroes mentioned in articles 3-4 and 5 be equally
divided between my daughters Elizabeth and Catherine. 24. It is my
will that if in any way my daughter Martha shall during her life
cease to be the wife of Hugh Henry or should have issue then all
legacies which I have designated for her shall pass into her hands
and be at her own disposal. 25. And for
the purpose of carrying in to execution this my last will and
testament I name as my executors John Ross, George Lowery Sen., the
Spirit Boat and Bank all citizens of the 0722 Cherokee
Nation. In witness
whereof I have hereunto set my name by making my mark and affixing
my seal this sixth day of March in the year of our Lord one thousand
eight hundred and thirty three.
His X John Gunter
(seal) March seven Signed,
sealed, published and declared by the said testator as and for his
last will and testament in our presence who at his request in his
presence have subscribed our names as witnesses thereto. Wm. Potter
(seal) William
Turner Larken
Beavert State of
I Moses Jones
clerk of the county court for said county do hereby certify that the
foregoing is a true and perfect transcript of the last will and
testament of John Gunter Sen. as filed in this office for
registration and proven by William Turner and William Potter
subscribing witness to the same. 0723 Clerk Fees}
fees copy $2.00
Certificate .50
$2.50 0724 John Gunter Deposition 0725 State of
This day
personally before me Richard Coleman an acting Justice of the Peace
in and for said county. John Gunter who signed an oath – that some
time in the latter part of the year of 1829 – a Mr. Hugh Henry
removed himself of effects – out of the jurisdictional limits of the
Cherokee nation and went across the Tennessee River into the county
of Jackson and state aforesaid – about this time said Henry left his
Cherokee wife - and thereby forfeited – all his right title and
claim in and to the Cherokee country - after having left his wife –
he then said Henry – sold to a Mr. Rich Fields a certain improvement
which said Henry had left or abandoned – which improvement lies on
the main road leading out from Gunter’s Landing to Ashville – and
know as Braun’s Old Place – at the foot of the sand mountains. Mrs.
Martha Henry then – now- Martha Blackburn – did go and take
possession of said improvement in a short time after said Henry had
left her – at leas she had entire possession of said improvements
previously to the purchase of said Fields from said Henry – of said
improvements – for in the month of July 1830 – she had a Negro Bo of
mine there at work – when said Fields – went and drove said Negro
Boy from the field – and told him that the place was his, and that
he should not work there anymore – but previous to all this, my
sister – Martha Henry – then – now Martha Blackburn – had made me
her duly authorized agent to act for her in all respects – as I
though best – so in the fall of 1829 – I obtained a permit from the
General Council of the nation and immediately after obtaining said
permit I put and placed a Mr. James H. Killisan – who was a 0726 blacksmith by
trade – upon said improvement as my tenant – to keep and take care
of said improvement – and I charged him especially – as the agent of
m sister Martha – to let no person or persons whatsoever – take or
even get possession of said improvement – so said Killisan – kept
said place in peaceable possession – for me – until said Fields set
up his claim to said place – & c. So after
Fields drove the boy away from said improvement – I then immediately
provided against said Fields – as the laws of the Nation then
directed – I instituted suit against said Fields – per said
improvement in the Spring of 1830 – and in the fall of 1830 – said
suit came to a hearing – and Fields lost said suit – and he then
appealed from the occasion of the union court to the Supreme Court
of the nation – there then the papers never was – produced – as the
states laws – was then extended of our court so the case was in time
by lost sight off – but consequently she went and again took
possession of said improvements so Fields then resorted to the laws
of Ala and had her removed from said improvements by the sheriff of
the county of Blaunt and state of Ala so she has been out of
possession of said place ever since – before the place was valued -
I notified Moore and Ricketts to value the same in the name of
Martha Blackburn & c.
John Gunter Sworn to and
subscribed before me this 3rd day of April 1837 Richard
Galekin Justice of
the Peace for Marshall Cty. 0727 Paper in the
case of Riddle a ? of John Gunter Sr. vs. John Gunter Jr. 0728 Decision on
The Gunter Case reversed Entered and
filed
0729 The case of
John Gunter Senior against John Gunter Junior. The valuing
agents in this case valued the whole property of John Gunter Senr.
to John Gunter Junr. in exclusion of the other states. It appears by
the proof in this case that John Gunter Senr. in the month of March
1833, made his last will and testament and therein divided his mill
and plantation situated on the Brown’s Creek, being the same he
purchased of James Thompson, and also in the same will he provided
that the home place at Gunter’s Landing, with the plantation on the
island should be at the disposal of his wife during her life, but
afterwards Catherine Gunter his wife died before her said husband so
that, that provision in the will ceased to be operative, it further
appears, that afterwards on the 21 February 1834 John Gunter Junr.
by deed duly executed, and recorded and registered in
0730 Decisions of
the
The case of
William Hicks, son of Nathan Hicks The valuation
in this case was made to William hicks, son of Nathan Hicks, by
Messrs Liddell and Shemphill on
0731 to conform
thereto, and also it further appears, that John Gunter Junr. has
paid debts for his father during his lifetime, and has also expended
large sums of money in building houses on the property consigned to
his father, all which amount to the sum of four thousand two hundred
and ninety two dollars eighty seven cents, and it also appears, the
said John Gunter Jr. has received the whole rents and profits of
said estate, since the death of his fther, which is three years, and
three months and the aggregate amount thereof is three thousand nine
hundred dollars, which rights the equitably deducted from the same
$4292.87 which leaves a balance in favor of John Gunter Junr. which
rightfully belongs to him, and which it is right and proper should
be charged to the estate of John Gunter Senr. and credited to John
Gunter Junr. for which a certificate shall issue for John Gunter Jr.
for the sum of three hundred and ninety two dollars, eighty seven
cents out of the valuations due to the other heirs of John Gunter
Senr. deceased. N. B. having ascertained on further investigation
that there is an error as to the time to which John Gunter Jr. has
been in possession of his father’s whole estate having in the above
opinion charged him with three years, and six months, possession
thereof instead one year and eight months the true time, which
amount, to two thousand dollars, right and is hereby credited to the
said John Gunter Jr. in addition to the sum before stated, amounting
in all to the sum of two thousand tow hundred and ninety two
dollars, eighty seven cents, for which last mentioned sum a
certificate may issue in favor of John Gunter Junr. against the
estate of John Gunter Senr. Decided. 0732 Bill of sale
to Riddle and
Others Vs. John Gunter 0733 To the Honb.
Alexander
Riddle administrator De Bone’s Nou of all and singular the goods and
? right and credits of John Gunter decided with the will answered –
Samuel Gunter, Edward Gunter, Richard Blackburn and his wife Martha
formerly Martha Gunter, Marten ? Schreinshen and wife Elizabeth
formerly Elizabeth Gunter, James Braught and his wife Catherine
formerly Catherine Gunter, respectfully represent that John Gunter
senior deceased both of the Cherokee note on a father of the
aforesaid Samuel, Edward, Martha, Elizabeth, and Catherine died
about the month of August 1835. Having duly 0734 made his last
will and testament - a copy of which is hereto annexed marked
Exhibit A and which they pray may be taken as a part of this title -
they further represent that the executor therein named refused to
prove said will and take on themselves the execution thereof – said
John Gunter died allow the business of Jackson County in the state
of Alabama. The court of said county granted administration on said
Gunter estate to a certain William Potter who acted for a few months
and then resigned said administration, whereupon the county court of
said Jackson County granted administration on said estate to your
orator Alex Riddle who has taken on himself administration of said
estate a copy of the setters of adm. he has ready to produce. Among
other property said John Gunter Senior had purchased a tract of land
on which there was a will 0735 situated in
0736 as proof that
the claim to said land and mill was in the home of John Gunter
Senior and not in the home of John Gunter Junior they refer to a
copy of a record from Blount County Alabama which is hereto annexed
marked Exhibit B and which they pray may be taken as a part of this
tale. They expressly charge that said John Gunter Junior
occasionally attend to said land in Blount County as the agent of
his father and never set upon claim to the property during the
lifetime of his father or they claim. They further represent that
said John Gunter Junior on the 21st day of February 1834
executed to his father John Gunter Senor a deed of conveyance for
certain improvements and other property a copy of which is hereto
annexed marked Exhibit C and which they pray may be taken as a part
of this bole. They here further charge as they are informed and
claim that said John Gunter Junior 0737 under a
fraudulent instrument of writing purporting to be a conveyance from
his father to him is now setting up a claim to said property and has
caused the same to be valued in his own home and claims in his own
right the amount of the valuation. They further represent that
Catherine Gunter wife of said John Gunter Senior died about 15 or 16
days before her husband. They further represent that said John
Gunter has caused all the improvements which belonged to John Gunter
Senior at the time of his death to be valued in his own name. By a
reference to section 19 of the will aforesaid it will be seen that
said John Gunter decided the place when he lived at the time of his
death to be sold and of course his children would each be entitled
to a share of the money 0738 arising from
the sale. Yet the said John Gunter Junior holds possession on those
claiming under him now hold possession of the place to the exclusion
of the other heirs. They believe the yearly value of said place
including the store house is worth more than $12.00. Richard
Blackburn and his wife Martha, Martin M. Schreinshen and Elizabeth
his wife, James B. Vaugtie and Catherine his wife represent that on
the false and fraudulent representation of said John Gunter they
were induced for a consideration grossly inadequate to contract for
the sale of their share of the improvements possessed by John Gunter
Senior at the time of his death. A small sum was paid to James B.
Vaugtie towards his share of said improvements which he is ready to
refund to said John Gunter with interest thereon but nothing has
been paid to
0739 inclined into
thro’ the fraud of said John Gunter and succeeded by the non
fulfillment of the stipulation on the part of said John. The said
Alexander Riddle represents that since he became administrator he
has called on said John Gunter for possession of the place on which
the old man laid on the terms of this death to enable him to sell it
agreeable to the provisions of the will. But said John refused to
deliver possession saying he had the advantage of said Riddle and
the coheirs of said Jno. Gunter deceased that he intended to half
it. But frequently urged said Riddle to proceed to sale said place
thus adversely possessed well knowing that no other person would
quite value in that solution and he would be enabled to purchase and
for a small sum has this corrupt license. The previous considered
the complainants pray that the commissioners will ? the several
matters and things. 0740 stated in the
foregoing bill that they will on final hearing ? to the complainants
wherein equity and good conscience they are entitled to and that
said John Gunter be made to account for the ? and ? of the several
improvements aforesaid which he has had possession of & c & c. For
complainants Alexander
Riddle makes oath that the matters and things stated in the
foregoing tell as of his own knowledge are ? and other things stated
as that of his own knowledge be believes to be true from the
information of his co complainants. Admit with
the will answers A. Riddle of
the estate of John Gunter Sworn to and
subscribed
J Kennedy One of the
Commissioners
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