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J4141 0746 Six months
after date I promise to pay Samuel Gunter eighteen dollars and
twenty four cents for value received of him as witnessed my hand and
seal this
(signed in
Cherokee syllabary) (seal) J. W. Gunter
Junior he is acquainted with the ? of the alleged contract that he
wrote the above note I saw it ? and acknowledged for the purpose
then attached and that the same is trust.
G.M. Gunter 0747 No. 2 Stephen
Newman affidavit XX 0748 Voucher No. 2 0749 State of
This day
personally appearing before me E. Harrisborough an acting justice of
the peace in and for said county and state, Stephen Newman who upon
oath states that on or about the 21st day of Feby. 1834,
he and Mather Lindsey subscribing in the presence of each other, a
bill of sale from John Gunter Jr. to John Gunter Sr. whereby John
Gunter Jr. conveying and occupying to his father John Gunter Sr. six
negroes, in consideration of which conveyance and accuracy, John
Gunter Sr. undertook and providing thereupon to pay said John Gunter
Jr. two thousand four hundred and six dollars. This affidavit
states that there was nothing paid to John Gunter Jr. at the time of
the execution of that date of such and from his knowledge of parsley
and their business from that time up to the death of John Gunter Sr.
he does not know or believe that one cent has ever been paid of the
purchase money to John Gunter Jr. if it has both offices and would
have known or heard of it from his frequent intercourse and intimacy
with the purses. Stephen
Newman Sworn and
subscribed before me This 24 day
of Dec. 1836 E.
Harrisborough (seal) Justice of
the Peace 0750 The above
gent – whose name appears to be attached to the foregoing affidavit
is a gent of unblemished character and should be believed to ? where
on oath this 29 day of Dec. 1836 E.
Harrisborough (seal)
I Richard S.
Randles clerk of the county court of
In testimony
whereof I have hereunto set my hand and affixed my private seal
there being no seal of office at office in Claysville this second
day of January one thousand eight hundred and thirty seven and of
American Independence the sixty first year. R. Randles
Clk. C.C. 0751 No 3 Affidavit XX 0752 State of
This day
personally appeared before me
Sworn and
subscribing before me this 31 day of Decr. 1836 E.
Harrisborough Justice of
the Peace 0753 The above
gent who is attached to the above affidavit is a gent of unblemished
character and is entitled to credit when on oath.
E.
Harrisborough 0754 (repeat
of 0752) State of
This day
personally appeared before me
Sworn and
subscribing before me this 31 day of Decr. 1836 E.
Harrisborough Justice of
the Peace No. 3 Articles of
argument viz. John Gunter Jr. and John Gunter Sr. 0755 State of
I Richard S.
Randles clerk of the county court of Marshall County in the state of
Alabama do certify that E. Harrisborough whose signature appeared to
the above affidavit and certificate is now and was at the time of
his assigning the same an acting justice of the peace in and for
said county Marshall, duly elected, qualified, and commissioned as
such and that due faith and credit is and ought to be given to all
his official acts. In testimony whereof I have hereunto set my hand
and affixed my private seal there being no seal of office at office
in Claysville this second day of January one thousand eight hundred
and thirty seven and of American Independence the sixty first year. R. S. Randles
Clk. C.C. 0756 State of
This article
of argument made and entered into between John Gunter Senr. of the
county and state aforesaid of the one part and John Gunter Junr. of
the county and state aforesaid of the other part witnesseth that the
said John Gunter Senr. has this day employed the said John Gunter
Junr. to attend to oversee and transact his business in the
mercantile establishment which he has this day purchased of said
John Gunter Junr. and the said John Gunter Sr. obligated himself to
furnish said John Gunter Jr. in clerk to appoint him in said
business and give him the sum of two hundred and fifty dollars a
year for the term of the three years. And the said John Gunter on
his past promises and obligates himself to attend to oversee and
transact honestly and faithfully the business of said Gunter for the
said space of three years and to use his best execution to promote
and advance the interest of said John Gunter Senr. in said
business. IN testimony whereof we have herewith set our hands and
affixed our seals this 20th day of February 1834. His X mark John Gunter
Senr. (seal) John Gunter
Junr. (seal) Test. M.W. Lindsay Stephen
Newman 0757 Affidavit of
Lucy Gatlin No. 5 0758 State of
Marshall
County JS Personally
appeared before me James Childref, a Justice of the Peace in and for
the said county Lucy Gatlin who being duly sworn according to law
doth depose and say that she was residing with her grandfather John
Gunter Senr. near Gunter’s Landing at the time of his death which
occurred about the 27th or 28th of August A.D.
1835, and that shortly after his death not more than two or three
days John Gunter Junior who was also residing in the house of his
father, came to this deponent during the night time and requested
her to carry a light for him upstairs. This deponent went with him
upstairs and then John told her that he was going to remove the
money of his father down to the store. This deponent further says
that at this time John took eight bags of money some of them
appeared to be full this deponent does not remember how many, John
took the money with him to the store and this deponent never saw the
money again and further this deponent saith not. Lucy Gatlin Sworn to and
subscribed before me this 27th day of May A.D. 1837 James
Childres Ho. Justice of
the Peace 0759 Geo. W.
Gunter’s affv. No.6 0760 State of
Marshall
County JS Personally
appeared before Booker Smith a Justice of the Peace in and for the
Sworn to and
subscribed before me this 27th day of May 1837. Booker Smith Justice of
the Peace 0761 No.7
Jno. Gunter Affv. W.W. and J.
M. McF. $43. 18/100 0762 No. 7 W.W. and J.M.
McFarlane Affidavit 0763 The State of
I Richard
Randles clerk of this county court of
R.S. Randles
Clk C.C. 0764 State of
This day
personally appeared before me E. Harrisborough an acting Justice of
the Peace in and for the county aforesaid, W.W. and J.M. Mcfarlane –
who after being duly sworn deposeth and saith that the estate of
John Gunter Sr. decd. Was indebted to them, to the amount of forty
three dollars and eighteen cents as will be seen as per apt. and
receipt above bearing dates Agst 11th, 1838 and Sept. 5,
1835 and No. 7. The right above will have that the above amt. was
paid to us by John Gunter. Sworn to and subscribed before me this
29 day of Dec. 1836 J.M.
McFarlane E.
Harrisoborough JP Justice of
the Peace I do hereby
certify that I am well acquainted with the above gent who have
affixed their names to the above certificate and that their
characters are unblemished and is entitled to credit in any course
of justice this 24 day of Dec. 1836. Justice of
the Peace 0765 Mr. John
Gunter, Sr. Deceased in ? 1835 M.M. &
J.M. McFarlane April 11th
70 ? lamb at
4/6 $7.50 26 11/2 ? lamb
at 4/6 6 ??? 6/ $17.50
$43.18 3/4
Paid the
above affiant in full by the hand of John Gunter this
W.W. & J.M.
McFarlane 0766 No. 8 Receipt to
John Gunter $10.25 The State of
I Richard
Randles clerk of this county court of
R.S. Randles
Clk C.C. 0767 Gunter’s
Landing
Samuel Fain State of
This day
personally appeared before me
Samuel Fain E.
Harrisborough JP Justice of
the Peace The above
affiant is entitled to credit this 7th day of Jany. 1837 E.
Harrisborough 0768 No. 10 W. Stephen
Newman ? against the
estate John Gunter
Deceased $13.50 0769 No. 10 Stephen
Newman Affidavit 0770 The State of
I Richard
Randles clerk of this county court of Marhall County in the state of
Alabama do certify that E. Harrisborough whose signature appears to
the within and foregoing affidavit and certificate is now and was at
the time of his assigning the same an acting justice of the peace in
and for said county Marshall duly elected, qualified, and
commissioned as such and that due faith and credit is and ought to
be given to all his official acts. R.S. Randles
Clk C.C. 0771 State of
This day
personally appeared before me
E.
Harrisborough JP The above
affiant is justly entitled to full credit and confidence in any
court of justice this 29th day of Dec. 1836 E.
Harrisborough JP Justice of
the Peace 0772 1835 John Gunter
Sr. Deceased To Stephen
Newman
13.50
?? $10 dols I
was due J. Gunter Sr. Dec. 10.00 ? cart from
John Gunter
3.50
$13.50 This
0773 Archie
Campbell deposition No. 11 Relating to
the litigation of the Gunters 0774 State of
Marshall
County JS Personally
appeared before me James Monrow Captain Archie Campbell of the same
county who being duly sworn according to law doth depose and say
that some time after the store house on John Gunter Senr’s
plantation near Gunter’s Landing was built he came there and noticed
that the old sign board of John Gunter junior was taken down and a
new one with the name of Jno. Gunter senior was put up in its place,
all that this deponent could judge by way that the colours of the
sign board were changed as this deponent cannot read English – this
deponent asked John Gunter junior why he had got a new sign. John
answered him that the property the store house and the good belonged
to the old gentleman his father and that this name on the new sign
was his father’s there was other conversation of the same kind at
this time – deponent further saith that the gin house on the same
plantation was not built until long after this conversation. Archie
Campbell His mark Sworn to and
subscribed before me this 29th day of May 1837. Captain Cong.
Post Gunter’s
Land. 0775 No. 13 and
14, 15, 16 and 17 Charles R.
Terrell Affidavit 0776 State of
0777 for the
entire use and benefit of John Gunter Sr. deceased and during the
time I lived with said Gunters the whole concern – taking the form –
and other things appertaining there to – appeared to be under the
entire direction of John Gunter – then – John Gunter d. – as I know
everything for the use of the farm was purchased and paid for by
John Gunter then John Gunter d. and if a person had not of been well
acquainted with said Gunters they never could have told who was the
rightful owner, or possessor of all the property about them and I to
this day do not directly know who was actually the legal owner of
all the property which was about them as one always assumed as much
authority over it as the other. Sworn to and subscribed before this
27th day of Dec. 1836. E.
Harrisborough JP Justice of
the Peace The gent name
which appears to be affixed to the foregoing affidavit is justly
entitled to full credit and confidence this
Justice of
the Peace 0778 The State of
I Richard S.
Randles clerk of the county court of Marshall County in the state of
Alabama do certify that E. Harrisborough whose signature appears to
the within and foregoing affidavit and certificate is now and was at
the time of assigning the same an acting Justice of the Peace in and
for said County Marshall duly elected, qualified, and commissioned
as such and that due faith and credit is and ought to be given to
all his official acts. In testimony
whereof I have hereunto set my hand and affixed my private seal
there being no seal of office in Claysville this second day of
January one thousand eight hundred and thirty seven and of American
Independence the sixty first year.
Test. R.S. Randles 0779 No. 6 John Gunter $3500 dols. Admitted 0780 No. 26 John Gunter’s
claim for spoliation Registered
B.A. Page 9 Admitted for
$3500 admitted 0781 The claim of
John Gunter, against the
Whereas I
John Gunter did purchase of James Thompson in the winter of 1829 the
following ?? improvements. All the entire and first possessions
which was owned or claimed by James Thompson a native by marriage at
or near the head of Brown’s Creek in the Cherokee Nation, one farm,
together with all its appurtenances and annexed to which was a ?
mill, and cotton gin, and its press said mill and gin was propelled
by water power and at said possessions I have placed my miller Mr.
Rbt. Liuwell under a permit from the General Council of the Nation
which possessions is about fourteen miles from where I have lived
during the winter of 1829 while I have my miller in full possession
– of said premises a certain Mr. Rogers raised a strong force of men
– came and dispossessed my miller from the premises without the
least shadow of a claim against me or my possessions – and said
Rogers did keep and retain said possessions from me until he said
Rogers was again deposed from said premises by a Mr. Mayfield and
sons – and they without any claim on or against said Rogers for said
premises – and during all this time I was kept from my possessions
without any compensation whatever and from said Rogers or Mayfield
so Mayfield kept said premises until he could sell them, and he did
sell said premises to a Mr. Roberts and Mr. Roberts sold to Mr.
Robert and then Roberts sold to John C. Johnson and then sell said
Johnson for said premises under the laws of the state of Alabama and
I lost said 0782 suit on the
grounds that I was an Indian and that it was the policy of the
General Govt to get the Indians away and I did pay out about one
hundred and fifty dollars defending my just rights, I did purchase
the within named possessions before the extension of the laws of Ala
and the Indian Country now therefore, by being dispossessed of said
premises – I have been damaged to the amount of five hundred dollars
per year for the term of seven years which makes my damages amount
to the sum of $3500 dollars. I have therefore asked to be the
compensated for the losses and damages which I have sustained as our
late treaty makes such provisions and the amounts which I have
mentioned I think to be fair, reasonable, and jut for if I would
have retained possession of said premises, I would have cleared on
the cotton gin alone one thousand dollars per year exclusive of the
farm and grist mill &c. Sworn to and
subscribed before me this
E.
Harrisborough JP Justice of
the Peace 0783 G.W. Campbell Affidavit No. 10 State of
I Louis Wyeth
judge of the county court of Marshall County Alabama do certify that
R.S. Randles whose signature and private seal (there being no public
seal of office) are attached to the foregoing certificate is now and
was at the time of certifying the same clerk of the county court of
Marshall County duly authorized and commissioned as such and that
the same is due force of laws May 12 1837. Judge of The
County Court Of
0784 The State of
Personally
appeared before me B.S. Parsons one of the acting justices of the
peace for said
G.W. Campbell Sworn to and
acknowledged before me this 10th day of May 1837. B.S. Parsons
Esq. A Justice of
the Peace 0785 I Richard S.
Randles of the county court of
R.S. Randles
Clk CC 0786 Jun. 1835 152 No. 11 John Gunter Ag. Walker and
Abernathy 0787 1835 June Mr. John
Gunter Sr. In of with
Walker G. Abernathy
For 1 pr ?
seeds $8 ? 9 ? 813 ? Rec. of
payment and sale for the above ? from Gunter ? December 22 Jany
1836. Walker and
Abernathy By C. Cooper 0788 T.A. Pertillo Receipt For taxes For 1835 81 cents paid by John Gunter 0789 Receipt of
John Gunter by the hand of John Gunter Jr. eighty one and a fourth
cents the amount of his taxes for 1835. R.S. Randles To. T.A.
Pertillo 0790 John Gunter
Sr. Quit claim to
John Gunter Jr. Premises B 0791 Whereas I
John Gunter Sen. have this day made and signed my last Will and
Testament I do hereby declare that it was not my intention in any
way to include the houses and one acre of land which are now
occupied by my son John Gunter jr. on the road from my dwelling to
Gunter’s Landing to which houses are one acre of land I have no
claim of any kind. Witness my
hand and seal this sixth day of March in the year of our Lord
eighteen hundred and thirty three. His Mark John Gunter
Sen. Seal In presence Wm. Potter William
Tanner, ? ?
(illegible signature) 0792 Relating to m
own property John Gunter Gilbert ? Affidavit
relating to occupant claims & c The State of
I Richard S.
Randles clerk of the county court of Marshall County in the State of
Alabama do certify that E. Harrisborough whose signature appears to
the within affidavit and certificate is now and was at the time of
his assigning the same an acting justice of the peace in and for the
said county Marshall and that due faith and credit is and ought to
be given to all his official acts as such. In testimony
whereof I have hereunto set my hand and affixed my private seal
there being no seal of office at office in Claysville this thirty
first day of December one thousand eight hundred and thirty six and
of American Independence the sixty first year. 0793 State of
Personally
appeared before me Elijah Harrisborough, an acting justice of the
peace for said county, Gilbert ?, who after being duly sworn say an
oath that he was employed by John Gunter Jr. in the spring of 1834
to build a certain large warehouse and for which said John Gunter
did pay me the money for building said warehouse I was also employed
by John Gunter, then John Gunter Jr., in the summer of 1834 to build
a certain frame building near the present dwelling of E.
Harriborough three miles south of Gunter’s Landing and for building
said house John Gunter did pay me the money. I was also employed by
John Gunter, then John Gunter Jr., to build a certain large gin
house, frame, and for building said house John Gunter did pay me the
money and I was paid by no other person or persons whatever.
Neither was I employed to build the above mentioned houses by any
other person or persons whatever neither did I ever hear of any
person or persons whatever lay any claim or claims to said building
neither did I ever hear of John Gunter ? lay any claim or claims to
said buildings. The buildings which I have mentioned above have
been built by me for John Gunter since
0794 for the same,
and I have often seen him charged by John Gunter Jr. for goods or
other articles which eh would buy for his family use one time & c. Sworn to and
subscribed before me this 3rd day of Nov. 1836 E.
Harrisborough Justice of
the Peace Gilbert ? 0795 State of
Marshall Co. I certify
that I am acquainted with Gilbert ? whose name appears to the
foregoing affidavit. He is in my honest belief entitled to credit
on oath. 0796 Larkin
Beavert Affidavit 0797 State of
This day
personally appeared before me E. Harrisborough an acting Justice of
the Peace for said county, Larkin Beavert who after first being
sworn say an oath that he was in company with J. Gunter Sr. desd.
And John Gunter then John Gunter desd. When they went to take or get
into possession of the premises of James Thompson who was a Native
by marriage when we got within two or three miles of said premises
John Gunter Jr. then went ahead of the company and left his father
James Thompson and myself behind and when we got to the premises
John Gunter Jr. was already in full possession of all the premises
and according to the then laws of the Cherokee Nation, John Gunter
desd. Was then the legal and lawful owner of all said premises which
consisted of the following described property: One farm with all
its necessary holdings, one grist mill and one cotton gin and
press. All this took place in the winter of 1829. Sworn to and
subscribed before me this
Larkin
Beavert E.
Harrisborough JP Justice of
the Peace Mr. Beavert,
whose name appears attached to the foregoing affidavit is a gent I
have known long since, and his is a gent who should be believed when
on oath. This
Justice of
the Peace 0798 The State of
I Richard S.
Randles clerk of the county court of Marshall County in the state of
Alabama do certify that E. Harrisborough whose signature appears to
the within and foregoing affidavit and certificate is now and was at
the time of his assigning the same an acting Justice of the Peace in
and for said county of Marshall duly elected, qualified, and
commissioned as such and that due faith and credit is and ought to
be given to all his official act. 0799 No. 1 John Gunter Bill sale viz
goods and merchandise Reg. Book F
Pages 260 261 XX Clerks fees
$1.50 Filed
0800 State of
Know all men
by these presents that I John Gunter Junior of the county of Jackson
State of Alabama for and in consideration of the sum of six thousand
dollars to me in hand paid the receipt whereof is hereby
acknowledged have this day bargained, sold, transferred, and
delivered and by these presents do bargain, sell, transfer, and
deliver unto John Gunter Senr. of the county and state aforesaid all
my title, claim, interest and demand of in and to the following
described property, viz an 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 legislation of said state containing about one acre
and upon which is a storehouse known and called by the name of
Gunter’s Store and also a Blacksmith shop and other improvements
together with the appurtenances and also my full entire and complete
stock and assortment of goods, ware, and merchandise now on hand at
said store house and all that has been purchased heretofore for the
use and benefit of said establishment and not yet received he it all
of what kind 0801 character and
description it may. Also one other improvement in the same part of
said county known and called by the name of the cave spring
improvement and purchased by one of Stephen Newman with all its
appurtenances also one other improvement in the same part of said
county on Brown Creek adjoining the improvement of Dry ?head and
purchased by me of Howell H. Rose, and its appurtenances. Also five
horses and one mule and two wagons with their gear to have and to
hold all and singular the property of every kind, sort, character,
and diversion herein mentioned and by these presents bargained,
sold, transferred, and delivered unto the said John Gunter Senr. his
own execution ? ? and assigns forever. And I the said John Gunter
Junr. do hereby bind and obligate myself to warrant and defend to
the said John Gunter Senr. his ? execution, administration, and
assigns all the property herein mentioned and specified against the
claim or claims of myself, my heirs, executors, and administrators
and assigns and the claim or claims of any and every other person
whatsoever. 0802 In testimony
whereof I have hereunto set my hand and affixed my seal this 21st
day of February 1834. John Gunter
(seal) Test. W.M. Lindsay Stephen
Newman State of
This day
personally appeared before me Richard B. Claton clerk of the county
court for said county Stephen Newman one of the subscribing
witnesses and made oath that he saw John Gunter whose name appears
subscribed to the within and foregoing deed of ? and acknowledged
that he signed, sold and delivered the same to the said John Gunter
for the purpose therein contained and he this deponent subscribed
his name as a witness thereunto in the presence of the said J.
Gunter and that he saw the other subscribing witness sign the same
in the presence of the said J. Gunter and in the presents of each
other on the day of the date thereof. Given under
my hand and seal this 24th day of February 1834. Test. R. B.
Clayton Clerk CC State of
I Richard B.
Clayton clerk of the county court for said county do certify that
the within and foregoing deed was filed in my office for
registration on the 24th day of February 1834 and has
been duly registered and compared in Book E page 260 and 261. 0803 State of
This day
personally appearing before me E. Harrisborough an acting Justice of
the Peace in and for said county and state. Stephen Newman the
subscribing witness to the within said of conveyance for John
Gunter, Jr. to John Gunter, Sr. who upon oath states that at the
time of the execution of so said, he saw no consideration whatever
then paid in consideration of said transfer and from his own
selection in the neighborhood of his portion and intimate knowledge
of the pastures to the deed and this knowledge he is confident that
no consideration whatever was at that time or has since been paid to
the said John Gunter Jr. Stephen
Newman Sworn and
subscribing before me this 30 day of Feb. 1836. Justice of
the Peace 0804 The State of
I Richard S.
Randles clerk of the county court of
R. S. Randles
Clk CC 0805 R. Blackburn Afft. Vaught’s
interest 0806 State of
This day
personally appeared before me
E.
Harrisborough JP Justice of
the Peace The above
gent whose name appears to the foregoing affidavit is a gent of
unblemished character and should be believed when an on oath this 29th
day Dec. 1836. Justice of
the Peace 0807 M.M.
Schrimsher Affidavit & c 2 Vaught’s
interest 0808 State of
This day
personally appeared before me E. Harrisborough an acting Justice of
the Peace for said county M.M. Schrimsher who after being duly
sworn, deposeth and saith that he was present when Richd.
Sworn to and
subscribed before me this
His Mark M.M.
Schrimsher E.
Harrisborough JP Justice of
the Peace I certify
that M.M. Schrimsher is a man of unblemished character and he is
most certainly in my belief entitled to credit when on oath.
0809 The State of
I Richard S.
Randles clerk of the
R.S. Randles
Clk CC 0810 No. 4 Charles R.
Terrill Affidavit 0811 State of
This day
personally appeared before me E. Harrisborough an acting Justice of
the Peace for said county, Charles R. Terrill who after being duly
sworn deposeth and saith that he was present at
Charles R.
Terrill E.
Harriborough JP Justice of
the Peace The above
affiant whose name is affixed to the above affidavit is justly
entitled to full credit and confidence this 29th day of
Dec. 1836. Justice of
the Peace I Richard S.
Randles clerk of the county court of
Test. R.S. Randles
Clk CC 0812 No 4 Echols and
Hollowell Opt John Gunter
Sr For
$22.00 0813
Bought of
Echols & Hollowell 8 Blankets
$2.75 22.00 5 yds red
flannel 4/11 3.75 14 ? ?
91 37 ½
1 bottle no.
6 4/11 75____
26.87 ½
Received
payment in full Echols and
Hollowell 0814 No. 6 Rand & Bush Affidavit 0815 No. 6 Beard & Bush Affidavit (repeat of
814) 0816 I Richard S.
Randles clerk of the county court of Marshall County in the state of
Alabama do certify that Booker Smith whose signature appears to the
within affidavits and certificate is now and was at the time of his
assigning the same an acting Justice of the Peace in and for said
county Marhsall duly elected, qualified, and commissioned as such
and that due faith and credit is and ought to be given to all his
official acts. Test. R.S. Randles
Clk CC 0817 No. 6 Beard &
Bush’s receipt and a/o To J. Gunter
Sr. $13 0818 Estate of
John Gunter Decd. 1835 to
Beards & Bush Dr Augst. 27th
8 yds. Blk silk 87 ½ 7.00
2 glass knobs 9d
.25
16 yds velvet ribbon 1 ½
3.00
6 –“ “ 1/6
1.50
1 pr. Brass tacks ---
1.25
13.00
Received
payment in full of the above thirteen dollars by Jno. Gunter Jr.
Sept. 5th 1835 Beards & Bush 0819 (repeat
of 0818) Augst. 27th
8 yds. Blk silk 87 ½ 7.00
2 glass knobs 9d
.25
16 yds velvet ribbon 1 ½
3.00
6 –“ “ 1/6
1.50
1 pr. Brass tacks ---
1.25
13.00 Received
payment in full of the above thirteen dollars by Jno. Gunter Jr.
Sept. 5th 1835 0820 John Gunter
Jr. valuations according to the decision of the comms. $8603.07 Contra Cr
[?] to pay Gilmoore Advance Jany.
24th 1837
2500.00 D & M Shields
& Co. 19.36 Do Do
Do 170.50 May 12th
Advance 3050.00 ? for
Gillespie
1693.96 ? &
Gammon
126.47 Gammon and
Creary for Vincent 162.00
Paid out
7772.29
Balance due
870.78
Estate of Jno.
Gunter Sr. desd. According to
the decision of Comm.
Allowed
$2438.84 Contra Cr.
[?] Grunway &
Sackett $1140.50 Edward and
West & Co. 443.54
Paid out
1584.04
Balance due
854.80 0821 Papers
relating to the case of John Gunter Jr. and Schrimsher 0822 State of
Personally
appeared before me Robert S. Pierce a Justice of the Peace in and
for the
Gilbert Usery
[?] Sworn to and
subscribed before me Robert S.
Pierce Justice of
the Peace for
This 9th
day of May 1837 0823 The State of
I Richard S.
Randles clerk of the county court of Marshall County Alabama do
certify that Robert S. Pierce whose signature appears to the within
and foregoing certificate is, now, and was at the time of signing
the same an acting Justice of the Peace in and for said county duly
elected, qualified, and commissioned as such and that due faith and
credit is and ought to be given to all his official acts as such and
that the signature is genuine. In testimony
whereof I have hereunto set my hand and affixed my private seal
there being no seal of office at office in Claysville this 12th
day of May 1837 and of American Independence the sixty first year. Test. R.S.
Randalls Clk CC State of
I Louis Wyeth
judge of the county court of Marshall county Alabama do hereby
certify that R.S. Randles whose signature and private seal (there
being no public seal of office) are attached to the foregoing
certificate is now and was at the time of certifying the said clerk
of the county court of Marshall County duly authorized and
commissioned as such and that the same is in due force of law. Louis Wyeth Judge of the
County Court of Marshall County
0824
Sworn to and
subscribed before me this 16 day of March 1837.
Martin
Roberts JP 0825 The testimony
of Edward Gunter taken before me H.E. Wheeler an acting Justice of
the Peace for the
0826 under the
authority, and by, and with the consent and permition of the Nation
as the matter of the said John Gunter decd. after the expiration of
Tedwell’s term – one Mayfield a white man came tortiously into
possession of the mill and held over and for which such were brought
at law but from which ? or the property in controversy the said John
Gunter in his life time never received any other benefit than that
hereunto before specified, nor in deed did he derive much benefit
during the time Tedwell had it in possession except it was a small
portion of the toll corn that was made at the mill – and further
this deponent saith not. Edward Gunter Sworn to and
subscribed before me this 23rd day of February 1837. Mr. H.E.
Wheeler (seal) Justice of
the Peace For the
county of
Received by
fees $.75 -- Mr. H.E.
Wheeler 0827 Power Atty.
from Garcia to
Peter Garcia 0828
Know all men
by these presents that J. Peter Garcia at present in the
In witness in
hereof I have hereunto set my hand and seal this thirty first day of
October one thousand eight hundred and thirty eight (1838). Peter Garcia
(seal) Sealed,
signed, and delivered in the presence of
David Moore
J.P. 0829 The within
power of attorney was acknowledged before me this 5th day
1838. Supt. Ch. Em. Received of
the
Pedro Garcia J. Rogers 0830 Papers in
relation to John Gunter’s affairs Entered on
the records
0831 The valuing
agents having returned improvements valued to John Gunter Jr.
amounting in the aggregate to the sum of $11041.91. And the heirs
of John Gunter Senr. deceased having claimed said valuations. And a
great map of proof having been laid before the Commissioners by both
parties in support of their respective claims. And the
commissioners having spent much time in careful investigation of
said claims have after a full review of all premises arrived at the
conclusion that all these controversies have arisen out of the past
– that John Gunter Jr. and John Gunter Sr. in his life time,
conveyed and reconveyed property to each other, with a view to
defraud the just auditors of John Gunter Jr. and have therefore
ordered and adjudged, that the whole of said valuation, which has
not been advanced to the said John Gunter Jr. be paid to the
creditors of said John Gunter Junr. and John Gunter Sr. decd. in
discharge of their just debts which have been established and
allowed by the commissioners. And the Commissioners in
justification of themselves deem it their duty to add – that the
$3000.00 which they advanced to the said John Gunter Jr. and of said
valuation was done at a time when they no knowledge or belief of
said John Gunter, Jr. being so largely in debt as they have since
ascertained he was. Because these debts nor no part of the same had
been presented to the against said John Gunter 0832 this advance
was made under the impression that his assets were greatly more than
sufficient to pay all debts against him which would be presented to
them for adjudication. And in making said advances, they only
pursued the course which had guided them in relation to other
members of the Cherokee people of equal intelligence and standing
with John Gunter, Jr. 0833 Wm. Garrett’s
affidavit 0834 The State of
I William
Garrett Jr. of said state and county do hereby certify that on or
about the fourteenth day of Sept. 1835 I was employed by John
Ratliff, a Cherokee, to recapture a certain Negro man by name “Bill”
who it was said had been stolen by one David J. Hooks a white man.
That the said Ratliff agreed to pay me for recapturing said Negro,
two hundred dollars; that I did recapture the said Negro “Bill” and
return him to the said Ratliff; and that the said Ratliff has
obligated himself in writing to pay me $200 for said service. I
further state that the said David J. Hooks was tried in St. Clair
county in said state for his life upon a charge of Negro stealing. Wm. Garrett Sworn to and
subscribed before me
An acting
justice of the Peace in and for said county. 0835 Letter from
Alexander Riddle to the Commisioners claiming John Gunter Senior’s
improvements and valuation as administrating his estate by the laws
of
Dated
Hon. Messrs
Lumpkin and Kennedy Commissioners
& c. New Echota 0836 To the Honl.
Messrs Lumpkin and Kennedy, Commissioners of the
Gentlemen, I have been
informed that an improvement belonging to the estate of John Gunter
Senior decsd. has been valued in the name and for the use of John
Gunter Junior, the improvement is situated in that part of the
Cherokee Nation ceded to the United States by the late treaty with
that Nation. I have been legally appointed by the judge of the
My official
duties as sheriff of
Alexander
Riddle Administrator
of the Estate of John Gunter Senior. decsd.
State of
0837 Edwd. Gunter Deposition To
improvement Martha
Blackburn Vs. Richd. Fields 0838 State of
Personally
appeared before me E. Harrisborough an acting justice of the peace
for said county Edward Gunter and made oath that Hugh Henry a white
man intermarried with one Martha Gunter a Native of the Cherokee
Nation of Indians according to the laws of the Cherokee Nation and
lived as man and wife from 1827 until 1829. If I misstate not in
said last mentioned year said Henry quit his wife and went into
0839 back to
father and said Richd. Fields a Cherokee run him out of the field.
I was at fathers a few days afterward and he said he had recd. A
letter from Richd. Fields, and the letter was read to me. The
letter stated that Martha Henry should not work any more on the
place. Fields then took possession of the place by putting white
tenants on it. Sometime afterwards Martha Henry commenced suit
against Fields under the laws of the Cherokee Nation and gained the
suit and removed on the place and remained until she had to leave it
and then returned to father’s again. Sworn to and
subscribed before me this
E.
Harrisborough JP Red. Of Richd.
fifty cents
for writing and certifying
the foregoing deposition
0840 Wm. Patten Affid. 0841 State of
Personally
appeared before me E. Harrisborough an acting Justice of the Peace
for said
0842 had been and
was at the time of the death of his father clerk or agent for him,
Jno. Gunter Senr. decd., and that he should claim payment from said
estate for his services as such and that as evidence to me of such
his agency he the said John Gunter Junr. decd., an article
purporting to be an agreement between he and his father making him
said agent and further this deponent saith not. Wm. Patten Sworn to and
subscribed before me this
E.
Harrisoborough JP Justice of
the Peace Rd. of Edward
Gunter fifty cents for my charges in writing and certifying the
foregoing. E.
Harrisborough 0843 The State of
I Richard S.
Randles clerk of the county courty or
In testimony
whereof I have hereunto set my hand and affixed my private seal
there being no seal of office at office in Claysville this tenth day
of December one thousand eight hundred and thirty six and of
American Independence the sixty first year. Reced. Of
Edward Gunter fifty cents in full for the above certificate
0844 George
Gunter’s Deposition In the
dispute With ?
And Mcfee Filed
0845 George M.
Gunter makes oath that in the fall of the year after John Gunter
Senr. died he had a conversation at Claysville with John Gunter
Junior, who stated to this affiant that he had given in exchange a
Negro girl named Rose to Elizabeth Schrimsher aid John had sold
which had been devised to her by her father John Gunter Senior. He
also said he was afraid the other heirs of John Gunter Senior would
make him pay $500 or 550 for selling said Negro girl – said Negro
girl belonged to the estate of John Gunter Senior and is the same
which John Gunter Junior or now says he gave to Schrimsher full of
said Elizabeth’s share of her father’s estate. Sworn to this
Comm 0846
Affidavit
relating To acceptant
claims Possession IX 0847 At the time
of the decease of John Gunter Senr. of Marshall County Alabama, I
was well acquainted with all the improvements then claimed by him.
After the death of the said John Gunter Senr. all the improvements
known as his were and continued in the actual possession of his son
John Gunter Jr. or in the possession of several others by his
authority and such I believe to be the facts at the present time. Sworn to and
subscribed before me this
0848 Affidavit of
Richd.
0849 State of
Personally
appeared before me Dennis Morrow Captain, Richard Blackburn and
Martha his wife formerly Martha Gunter – Katy Vaught late Katy
Gunter, and Martin Schrimsher intermarried with Elizabeth Gunter who
all are heirs and legates either in their own right or the right of
their wives of Jno. Gunter Senr. deceased, who being duly sworn
according to law doth depose and say that they never received any
compensation from Jno. Gunter Junior for or by reason of their
having released or quit claim to their share of the improvements of
which Jno. Gunter Senior deceased died possessed of but that either
within their consent was refused altogether or else given on certain
conditions which have since occurred and b which any release they
may have given is void. And that they intend to contest the claim
to their share on the part of Jno. Gunter Junior. Catherine
Vaught Martha
Blackburn her X mark Richard
Blackburn Sworn to and
subscribed before me this 30th day of May 1837 D. A. Morrow Capt. ? ?? Mrs. Vaught
qualifies her part of the above affidavit by saying that her husband
James Vaught received one hundred dollars, but that she never gave
her consent to the sale. 0850 State of
I do hereby
certify that I was present at the time Mr. John Gunter Sr. purchased
a grist mill and cotton gin with all the other improvements
belonging to the same of James Thompson for the sum of one hundred
and thirty two dollars and fifty cents which sum I saw paid to the
said James Thompson. This transaction took place in the year eight
hundred and twenty nine. I do further certify that I was present at
the time of a trial between John C. Johnson and John Gunter Senior
on
A. Gilbreath Test. Sworn and
subscribed to before me A. Donaldson Justice of
the Peace M. Ct. Ala 0851 The State of
I Richard S.
Randles clerk of the County Court of Marshall County in the state of
Alabama do certify that Alexander Donaldson whose name is assigned
to the within certificate is now and was at the time of his signing
the same an acting justice of the peace in and for said county duly
elected and qualified as such and that due faith and credit is and
ought to be given to all his official acts. In testimony
whereof I have hereunto set my hand and affixed my private seal
there being no seal of office at office in Claysville this seventh
day of November one thousand and eight hundred and thirty six and of
American Independence the sixty first year. Received
fifty cents in full for the above certificate R.S. Randles
Clk CC 0852 M.M.
Schrimsher And Elizabeth
Schrimsher Right to
John Gunter’s
0853 Gunter’s
Landing
Received of
John Gunter the five following Negroes viz Isaac, Amy, Lucy, ? and
Rose, which was left to Elizabeth Gunter by her father John Gunter
Sr. decsd. also four hundred and fifty dollars which was also
expressed in the last will and testament of said John Gunter Sr. The
Above is my legal part of the estate and we have made no more claim
or claims on said John Gunter for any part or parts of said estate
or any part of said plantation neither do we claim any portion of
the present ? more that any reasonable part of all the household
furniture, kitchen furniture, and the ? Paid by us
the day and date above written in present of M.M.
Schrimsher Elizabeth
Schrmisher Gilbert Usery Richard
Ratcliffe State of
This day
personally appeared before me E. Harrisborough an acting Justice of
the Peace for said county and Gilbert Usery who after being duly
sworn deposeth and saith that he was present
0854 when M.M.
Schrimsher and his wife Elizabeth did attach their names to the
above receipt and the considerations therein named was in full for
all their part and parts to the estate of John Gunter Sr. descd. no
part of said estate excepted – only which is named in the foregoing
receipt to J. Gunter – and at the time they did sign the foregoing
receipt they were at that time well satisfied with the trade. Gilbert Usery E.
Harrisborough JP Justice of
the Peace The State of
I Richard S.
Randles clerk of the County Court of Marshall County in the State of
Alabama do certify that Elijah Harrisborough before whom the within
affidavit was given is now and was at the time of his signing the
same an acting justice of the peace in and for said county duly
elected and qualified and commissioned as such and that due faith
and credit is and ought to be given to all his official acts. State of
I do hereby
certify that I have been acquainted with Gilbert Usery for some time
and I do believe that he is a man who should be entitled to full
credit when on oath this 4th day of Jany. 1837. Justice of
the Peace 0855 John Gunter Answer by Middle ? Filed
0856 The separate
answers of John Gunter to the bill of complaint exhibiting against
him by one Alexander Riddle as the Administrator de bonis non saith
the will annexed of John Gunter decsd. Samuel and Edward Gunter and
Richard Blackburn and wife, Martin Schrimsher and wife, and James B.
Vaught and wife before the honorable Wilson Lumpkin and John Kennedy
Commissioners under the late Cherokee Treaty now in session at New
Echota. This
respondent now and at all times hereafter reserving to himself the
advantages of all and singular the necessary, errors, uncertainties,
falsehoods & c contained in the complainant’s said will against him
and all just exceptions thereto for answer to so much thereof as he
is advising in material to make answer unto, answereth and saith
that it is true, that his father John Gunter decds. about the time
set forth in the complainants will of complaint: It is also true
that he left a paper of the character of the exhibit A containing in
and annexed to the complainants will; but of execution of that paper
and the proof thereof he here now submits to Mr. Honorable Board to
say whither it is done according to whether the laws of the State of
Alabama or of the law of the Cherokees adopted by and force amongst
them at the date of said paper approved by said Nation in their
counsel assembly at New Echota on the 1st November 1828
for the internal regulation of the estates of deceased Cherokee
persons. Mr. Schrimsher alleges that his father John Gunter decsd.
was for many years previous to his death a Native citizen of the
Cherokee Nation of Indians. Afr. respondent denies that the persons
named in the complainants exhibit A were refusing to take upon
themselves the execution of the exhibit A of complain- 0857 ants will.
It is true that respondent’s father died in that part of the
Cherokee Nation over which the jurisdiction of Jackson County
Alabama had been extended by the legislature of said state so as to
reach her own ? White city ? who had skulked into said Nation to
wade the white man’s laws; but this respondent denies that thereby
the legislature of give the County Court of Jackson County
jurisdiction over the estate of deceased Indians. It is also true
as charged by complainants that the county court of Jackson did
grant letters of administration to one William Potter on said
Estate; against the wishes or consent of this respondent, and to the
exclusion of the next of kin of said descendent and in such
violation of the statutes of Alabama in such cases made and
providing, was supposing that the estate of the said descendant was
subject to the laws of Alabama, but which this respondent does not
admit. This
respondent further answereth and saith that during the
administration of said porter, thus legally obtaining as aforesaid
the legislature of
0858 becoming
anxious to emigrate enrolled himself and had his improvements valued
and did accordingly emigrate and your respondent being the first in
actual possession was entitled under the existing laws of the Nation
to the possession; all which will be fully seen by reference to the
laws of said Nation passed at New Echota on the 1st day
of Nov. 1828 and by reference to exhibits X which is praying to be
taken as a part of the evidence. This
respondent saith it is also true that one John C. Johnson got
possession of the place left by said Thompson, and forcibly held
that possession and in order to oust him said was brought in the
Circuit Court of Blount County Alabama in the name of this
respondent; attending to exclusively by himself, and when there cast
he paid the court of that said, and it is now matter of no little
surprise with him to witness the disposition convinced by the
complainants to endeavour to turn his just rights from him; knowing
as he does that the complainant Samuel is fully apprised of all the
facts here detailed and of the law upon this subject as it existed
amongst the Cherokees at the time of these accusations that it was
not the property of his said father at this death or at any other
time; even to dispose of by will or otherwise. Respondent admits
that he has presented this claim for indemnity to the Cherokee
Committee for spoliations committed upon this property, this he
considers he had a fair right to do as the property was his own.
Respondent admits that he did execute a conveyance to his deceased
father on
0859 all of which
will more fully appear by reference to exhibit XX which he prays may
be taken as part of his answer upon this subject. Your respondent
denies that he is now setting up or attempting to set up any
fraudulent claim or instrument whereby to deprive any of the
complainants of any of their legal or equitable rights; but on the
contrary he owns no instrument of that kind. It is true that he has
the relinquishment of his deceased father, bearing even date with
what complainants set up for this will, for a lot of ground near his
residence upon which your respondent improvements of considerable
value which will more fully appear reference being had to the paper
itself marked exhibit B which is praying to be recorded as a part of
this evidence from which the testimony of Gilbert Usery here filed
and marked C it will fully appear that your respondent had a clear,
perfect, and indisputable right to have that improvement besides
others herein after
herein after
mentioned or referred to value as his own individual property. It is also
true that respondents mother decsd. about the time stated in
complainants will. Your respondent saith it is true that he did and
this he had done being the first and only person under the Cherokee
Law passed in Gen. 1826 authorizing him to occupy it and have it
valued as his own property which occupancy he continued from the
death of the said John Gunter Sr. by himself or tenants
uninterrupted by from that time up to the present as will more fully
appear by exhibit IX which is hereto annexed and praying to be read
as a part of this his answer upon that subject without the let. [?] 0860 all of which
will more fully appear by reference to exhibit XX which he prays may
be taken as part of his answer upon this subject. Your respondent
denied that he is now setting up or attempting to set up any
fraudulent claim or instrument whereby to deprive any of the
complainants of any of their legal or equitable rights; but on the
contrary he owns no instrument of that kind. It is true that he has
the relinquishment of his deceased father bearing even date with
what complainants set up for this will for a lot of ground near his
residence upon which your respondent put improvements of
considerable value which will more fully appear reference being had
to the paper itself marked exhibit B which is praying to be received
as a part of this answer. From which the testimony of Gilbert Ursery
here being filed and marked C it will fully appear that your
respondent had a clear perfect and indisputable right to have that
improvement besides others herein after mentioned or referred to
value as his own individual property. 0861 molestation
or hindrance of any person or persons whatsoever no person requiring
or offering to take the possession of him in any manner whatsoever.
He further saith that in October 1835 shortly after the death of the
said John Gunter, all the heirs of said Estate except himself
quietly left the promises without his request or desire and
seemingly abandoned the same; and none of them have since then to
the best of respondents recollection ever offered or signified to
him their desire to regain the possession of him; neither has or did
either of the said administrators of said estate ? legal or other ?
demand of your respondent of the possession of said premises at any
time since he has had them in his possession, but on the contrary he
has been frequently with both of them, both on and off the premises
and at all times and if all places he has conducted himself quietly
and peacefully towards them, has used no force or strong hand to
keep them out of possession or was willing at any and all times to
yield to them superior rights; if any they had or could assert about
the premises. Your respondent most positively denies it to be true
as charged in said complaints will that he wishes to exclude any of
the heirs of this said father’s from their just rights in said
Estate. He here now avows his willingness that they receive all the
just rights they are entitled to; but he is not willing to yield his
own to promote theirs. Your respondent further saith it is not
true as charged in the complainants said will that the possession of
said improvement was commercially worth $1200 or anything like that
sum, the place was ? from the management of your respondent, the
improvements he thus put or caused to be put upon it; saith the
increased value of the property since the treaty may now be 0862 worth at the
rate of one thousand dollars per year; but previously to the last
few months it was not worth anything like that sum. As to the
charge made in said bill of complainant by Blackburn, Schrimsher,
and Vaught in right of these moves against the respondent, that he
had falsely and successfully induced them to sell to him their
interest in said improvement at a grossly inadequate price; the
charge is grossly false and informed and deemed deserves
refutation. This respondent purchased and paid to said complainants
at the time what they and he considered a fair quotient for such
interest as they then had in said improvements; and as evidence of
this fact they acquiesced in their several sales until the property
by the management of respondent had risen greatly in value for the
worth of his purchase their acceptance and acquiescence in it;
reference is respectfully made to exhibit No. 1, 2, and 3 therewith
filed and praying to be taken as a part of this his answer upon that
subject to that part of the complainants will. And he your
respondent here denies all falsity and fraud in as charged against
him in this respect with all or any one of said complainants and
that in this whole transaction there was nothing done by him to
render any one of these contracts legal or void either in Law or
Equity. He is therefore not willing to receive the purchase money
with their trust thereon from any one of the complainants thus sold
to him. To do which would from the evidence in this case would be
destructive to the great way of justice and establish a principal of
decision unknown and unheard of in this history of adjudications.
Your
respondent saith it is not true 0863 as alleged in
said bill of complaint by said Riddle the Admin. that he called on
this respondent for the improvements of said John Gunter Sr. decsd.
and that he refused to surrender them stating that he had the
advantage of the heirs and would keep it. Your respondent has no
recollection of any such demand was having been made of him by said
Riddle and if it had been so made by complainant Riddle under the
circumstances of the case, your respondent would not have
surrendered it to him, until he had first established his right to
the possession under the laws of Alabama, which above has the
cognizance of questions of this kind between complainant, Riddle,
and myself. Your
respondent answered further upon this subject and saith that he
could not upon the mere demand of said Riddle have surrendered to
him his right in said improvement; for the best of all reasons. 1st
because supposing for a moment that the improvement thus situated
was subject to administration under the laws of Alabama then before
it could have become ? in his hands, he should first according to
the laws of
2nd
This respondent should not have of again surrendered the possession
acquiring as herein set forth because the 19th section
referred to in exhibit A of complainants will is void because of its
own 0864 simulations
and conditions and he here never prays a particular reference to the
said 19th section of the said exhibit A by your Honorable
Board by which it will be clearly seen that it is read. 3rd
The respondent could not have surrendered to said improvement to
said Riddle as Admr. Because he was unauthorized by the act of the
legislature of Alabama extending the jurisdiction over the white
city as taking refuge in the nation to their intermuddle with the
property or estates of the natives; and because also he was not
known to the laws of said Nation as a person or officer who could
take upon himself such duties he being no native either by blood,
marriage, or adoption. 0865 ent had 4/7
of said improvement it was to his interest or he had more to loose
in it then any one else if it should be sold at a sacrifice. 2nd
That this Honorable Board of Commissioners have no power under the
Treaty adjudicate the many makers and things, containing in
complainants will – particularly no power is give to adjudge the
right of possession or occupancy. 3rd
If complainant Riddle has any remedy at all it is in the tribunals
of
4th
This respondent by way of further and full defense to the many
allegations of the complainants will as they are therein alleged and
set forth adjust him demand – generally and pray all the legal
advantages of his several pleas herein pleaded and that his demeanor
may be fully considered and their proper and legal effect allowed to
him upon the determination of this matter as fully as if in a court
of chancery and more particularly so considering there is no appeal
from the decisions of this board. And having fully answered he
prays that he may be hence dismissed. 0866 Wm. Turner
affidavit 0867 State of
Personally
appeared before me
And that the
field commonly called the Island Field lying contiguous to and
immediately above Edward Gunter’s Ferry was also considered the
property of the said Jno. Gunter decsd. and so appraised said field
was last cultivated by Jno. C. Johnson and Col. N. Stut and that
this affiant was one of the appraisers of the estate of the said
John Gunter decsd. and this affiant further states that Genl. A. 0868 Moore and
David Ricketts, the valuing agents for this section of the C.
Nation, did value the before described fields with all other the
improvements of the said Jno. Gunter Senr. descd. And he
further states that he is unable to say whether said valuing agents
did value the said estate of the said John Gunter Senr. decsd. to
the heirs of him the said Jno. Gunter Senr. decsd. or to Jno. Gunter
Junr. and further this dept. saith not. E.
Harrisborough JP Justice of
the Peace William
Turner The State of
I Richard S.
Randles Clerk of the County Court of Marshall County in the State of
0869 and that due
faith and credit is and ought to be given to all his official acts
as such. R.S. Randles
Clk CC Rec’d of
Edward Gunter fifty cents in full for the above certificate 10th
Decem. 1836 R.S. randles 0870 Rd. of Edward
Gunter fifty cents as my fees for writing the within deposition.
Debr. 8 1836. Justice of
the Peace 0871
$62.70 At sight
please pay to C. Whiteman Smedly & Co sixty two dollars seventy
cents for Jno. Gunter lands Gunter’s
Landing
Asc. Of yr.
obt. Gramand G.
Seskell
0872 Recd. Payment
of the within draft of sixty dollars.
Whiteman
Smedley & Co. 0873 Affidavit in
citation to John Gunter
Jr.’s claim to
Share of Old
Gunter Estate 0874
State of
Personally
appeared before me Lewis Wyeth judge of the county court of said
county. Wm. Potter of said county who being sworn according to law
deposeth and saith that he has heard John Gunter say that he
purchased with money borrowed from his father John Gunter Sr. a
certain Negro girl named Rose taking the bill of sale in his own
name that afterwards his father declined receiving the money and
proposed to retain the girl as his own property to which he the said
John consented; that the bill of sale was not changed but remained
in his own name; that after the death of his father he the said John
let Elizabeth Schrimsher have the said Negro girl to which he
thought her entitled in place of one which the father had given to
her by his will, but which had been sold after the making of said
will and before the death of the father. Sworn to and
subscribed before me Lewis Wyeth Judge of the
County Court Of
0875 The State of
I Richard S.
Randles clerk of the county court in and for said county do certify
that Lewis Wyeth whose signature appears to the within certificate
is now and was at the time signing the same judge of the county
court of Marshall County Ala. and that due faith and credit is and
ought to be given to all his official acts as such and that the
signature is given and in testimony whereof I have hereunto set my
hand and affixed my private seal, not having a public seal of
office, at office in Claysville this 22nd day of May 1837
and of
American
Independence the 61st year. State of
I Lewis Wyeth
judge of the county court of Marshall County Alabama do hereby
certify that R.S. Randles whose signature and private seal (there
being no public seal of office) and attached to the foregoing
certificate is now and was at the time of certifying the same clerk
of the county of Marshall County duly authorized and commissioned as
such and that the same is in due form of law. Lewis Wyeth Judge of the
County Court of
0876 John Gunter
Sr. decsd. Ac $ $9,550.40 0877 1834 Feby. The Estate of
John Gunter Sr. decsd. in act. With John Gunter Jr. No.1 To sale
of merchandize of improvements, stock and rendered as per voucher
No. 1. $6000 To improve,
sold as purchaser No. 2. at $2400 To survey
rendered as clerk from date to the 6th day of January
1836 is 22 ½ mo. at $250 per acr. As per voucher no. 3 $469.29 ½
To cash paid
Echols and Hollowell as per voucher No. 4 $26.87 ½
To cash pd.
Foster and Parish as per voucher No. 5 $15.00 To cash pd.
Beard and Bush as per voucher No. 6 $13.00 To cash pad.
W.W. and J. Macfarlane as per voucher No. 7 $43.18 ¾
To cash pd.
Saml. Faun as per voucher No. 8 $10.25 0878 To cash pd.
John Goforth as per voucher No. 9 $15.00 To cash pd.
Stephen Newman as per voucher No. 10 $3.50 To cash pd.
Walker and Abernath as per voucher No. 11. $8.13 To cash pd
Chas R. Terrill for 10 mo. service on the estate after the decease
as per vch. No. 13 $140.00 1835 Mar 1st To cash pd
for 3038 lbs of bacon and 259 ? of land as 9’d per the upper voucher
14 $296.73 To cash pd
for 447 lbs of br. sugar at 10 ¼ of as per voucher No. 15 $55.93 ¾
June 10th To 163 lbs of
coffee purchased at 18 c as per voucher No. 16 $28.18 ¾ Augst 17 To 5 patent
axes furnished at 15 per as per voucher No. 17 $12.50 Sept. 5th
To cash pad
A. Turner for sole and upper leather as per voucher No. 18 $11.00 To this amt.
now due - $9550.40 ½
0879 Van Buren March 14 Gen. Nat.
Smith Sup. Cherokee
Removal Calhoun
0880 Gunter’s
Gen. N. Smith Dr. Sir, Your letter
of instructions under date 2nd inst. came to hand a few
days since, requesting of me to say why a certain improvement of Mr.
R. Blackburn containing some twenty five acres was not valued by Mr.
Riechts and myself; and to inform the
I have this
day been over this improvement in question. The reason that Mr.
Riechts and myself did not value this is that it was not pointed out
to us by Mr. Blackburn. There is
about twenty two acres of it under a first rate fence and I am of
the opinion that the improvement is worth at least fourteen dollars
per acre, making three hundred and eight dollars.
0881 Van Buren March 21 Genl. N.
Smith
Superintendent Cher. Removal Calhoun
0882 Gunter’s
Landing
Genl. N.
Smith When we were
engaged as appraising agents of the Cherokee improvements under the
treaty of 1835 we valued some improvements for Mr. Richard
Blackburn. Respectfully
your obt. sert.
0883 Acquainted
with Mr. Richard Blackburn truly and without hesitance concur in
assurance with regard to Mr. Richard Blackburn as a man of truth and
as a conscientious gentleman and we would believe Mr. Blackburn on
his word without hesitation. Hug. Beglus Thomas
Patterson P.M. Bush W.P.
Macfarlane John Thomas Jas. E. May Wm. Morgan A. Riddle B.C. Woodall K. M.
Glascock Wm. F.E. Were B.G. Parsons Jesse I.
Allen L.G. Stevens Curtis Herman Y.E. Wyeth Thos. Moore John Z.
Thomas 0884 John Gunter
statement inform of Mr. Blackburn’s claim to an improvement Valued to Richard
Fields Settled 0885 To the
Commissioners I am gent,
yours with respect, John Gunter,
Jr. Behalf of
Martha Blackburn 0886
0887
Personally
appeared before me Samuel Hanrbey who being duly sworn saith on oath
that he ?
Samuel
Hanrbey Caleb.
Herndon JP 0888 Genl. N.
Smith Sup.
Calhoun
0889 Gunter’s
Genl. N.
Smith, Dr. Sir, With regard
to the improvement that you instructed Genl. Moore to value for me I
have to say as I said to you in person that when Mr. Ricketts came
upon my improvements to value them they took me the law upon such
questions I did not with to say anything about the improvements in
the Island in question because I did not think they would value it
under their instructions. I did not wish to put any imposition upon
them. 0890 L. Stevens
affidavit 0891 State of
E.
Harrisborough 0892 I Richard S.
Randles clerk of the county court in and for said county do certify
that E. Harrisborough whose signature appears to the within and
foregoing affidavit is now and was at the time signing an acting
justice of the peace of the duly elected, qualified, and
commissioned as such and that due faith and credit is and ought to
be given to all his official acts as such and that his signature is
genuine. In testimony
whereof I hereunto set my hand and affix my private seal there being
no seal of office at office in Claysville this twenty fourth day of
March one thousand eight hundred and thirty-seven and of American
Independence the 61st year. R.S. Randles
Clk CC 0893 State of
I Lewis Wyeth
Judge of the County Court of Marshall County do certify that R.S.
Randles whose signature and private seal (there being no public seal
of office) are annexed to the foregoing certificate is now and was
at the time of certifying the same clerk of the county court of
Marshall County duly commissioned and authorized as such and that
the same is in due form of laws. Lewis Wyeth Judge of the
County Court Of
0894 John Gunter’s
letter claiming a valuation for Mr. Cab. Fields which was valued for
Mr. Turner also claming a valuation for Mrs. Blackburn which was
valued for Mr. Richard Fields.
Adjudicated
and settled 0895 New Echota
To his ext.
Wilson Lumpkin And John
Kennedy Com.ss & C.
2nd
Mrs. Blackburn – Improvement lies in
John Gunter
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