Transcript of Proceedings Relating to

Being the Contents of File CC236,

McMinn County Courthouse, Athens, Tennessee

Transcribed and Compiled by James W. Patrick

Presented to E. G. Fisher Public Library

by

Phyllis Groutage

and

Mark T. Groutage

� 2000

Phyllis Groutage

4262 W. Sycamore Road

Carterville IL 62918

Alexander Casteel

Not much is known about Alexander Casteel. Apparently, he was born in North Carolina, but we don�t presently know who his parents were. We know that he married Susannah Sherrill, a first cousin (twice removed) of Catherine �Bonnie Kate� Sherrill, the second wife of John Sevier. Susannah Sherrill Casteel appears to have been his first and only wife.

Alexander and Susannah were together almost 40 years, and died within a month of each other, according to the Athens Post (Vol XIV, No. 712); of May 16, 1862:

"Alexander Casteel, in his 63rd yr., d. 4th ult in McMinn Co. three miles southwest of Athens. Also on 7th Apr at the same place, Mrs. Susannah Casteel in her 60th year. They had been married nearly forty years. "

It�s unknown where Alexander and Susannah were buried, but we know that, after their deaths, until the litigation which follows, their son, Joseph Casteel is said to have taken care of the property. He ultimately purchased the one hundred acres at public auction in January of 1871, for $225.00. After expenses, the proceeds of the �Alexander Casteel Place� were divided among Alexander�s named heirs.

A considerable delay took place between the death of Alexander Casteel, who died without a will, and the final settlement of the estate. Although the original papers were filed shortly after his death, the courts were not functional during the War Between the States, and court dockets did not catch up with their backlog until many years after the conflict.

Simply as a matter of interest, we have included a deed from 1903, thirty-three years after Joseph acquired the �Alexander Casteel Place�, indicating his purchase of land from J. B. Eaton, possibly adjacent to the old family homestead. It would be interesting to do a thorough search of records, to trace the ownership of the land.

The Family of Alexander Casteel

1 Alexander Casteel b: Abt. 1800 in NC d: 04 May 1862 (McMinn) TN

+Susannah Sherrill b: Abt. 1802 in TN d: 07 Apr 1862 (McMinn) TN m: Abt. 1822

........2 Madison H. Casteel b: Abt. 1823 in TN d: Bef. 1920

............+Mary Ann Elbert m: 01 Jan 1850 in McMinn Co TN

........2 Sarah Ann Casteel b: 23 Mar 1828 in McMinn Co TN d: Bef. 1920

............+Lewis Stanton Erwin b: Abt. 1823 in TN m: 10 Sep 1857 in McMinn Co TN

........2 Elizabeth Jane Casteel b: 23 Mar 1832 in McMinn Co TN d: 27 Dec 1916 in IL

............+Hiram James Brown b: 28 Oct 1831 in TN d: 06 Aug 1881 in IL

m: 19 May 1853 in McMinn Co TN

........2 Joseph Casteel b: 12 Feb 1833 in McMinn Co TN

............+Ruth Ann Gresham m: 13 Jun 1867 in McMinn Co TN

........2 Amanda M. Casteel b: Abt. 1836

............+James G. Ricks m: 14 Feb 1867 in McMinn Co TN

........2 Paralee Rebecky Casteel b: Abt. 1837 d: 22 Mar 1929

............+Christopher Columbus Ricks b: 27 Dec 1850 d: 08 Feb 1892

m: 14 Feb 1867 in McMinn Co TN

*........2 Mary Ann Casteel b: abt. 1823 (Listed in 1850 Census as 27 yrs. of age)

*��2 Victor Casteel b. abt. 1836 (Listed in 1850 Census as 14 yrs. of age)

*........2 James S. Casteel b: abt. 1838 (Listed in 1860 Census as 22 yrs. or age)

*��2 Mary M. Casteel b. abt. 1840 (Listed in 1860 Census as 20 yrs. of age)

*........2 Rachel P. Casteel b: abt. 1842 (Listed in 1860 Census as 18 yrs. of age)

* The last five individuals are not listed among the heirs in the accompanying litigation; however, since they accompany the family in the 1850 and 1860 Census records, we feel that some mention should be made of their presence. Only the last two, Mary M. and Rachel P. would likely be grandchildren. Although it�s possible that they were offspring who died in adulthood, perhaps in an epidemic, it seems more likely that they were from extended family, sent to live with Uncle Alexander during the War.

It seems notable that Joseph and Amanda and Paralee didn�t get married until 1867,

five years after the death of their parents, when they were 34, 31, and 30, respectively.

Perhaps they stayed on to take care of Mom and Dad, and remained at the homestead to help Joseph maintain the farm. Of course, wartime would have limited the girls� choice

of able men.

We eagerly solicit speculation or information from others researching this family.

We can be reached online at either �[email protected]� or �[email protected]�.

[Our File # CC236-01]

[Written on Folded Reverse]:

No. 236

----------------------------

Subpoena to Answer

---------------------------

Joseph Casteel, et. al.

vs.

Sterling P. Camp, et. al.

---------------------------

Issued April 20, 1871

[other writing, apparently from the Sheriff of Bradley County TN, is very faint

across the back of the document, and is mostly unreadable in the photocopy]

STATE OF TENNESSEE

To the Sheriff of Bradley County ---Greeting:

You are hereby commanded to summon S. J. Camp, J. B. Camp, Mary D. Knox and James Knox, Dr. W. P. Caldwell and his wife C. S. Caldwell, Alfred Billingsly and wife M. J. Billingsly - personally to appear before the Chancellor, at a Court of Chancery to be held at the Court-House in Athens for the Chancery District composed of the county of McMinn, in the Eastern Division of Tennessee, on the 4^{th Monday of May next, then and there to answer a Bill in Equity exhibited against then et. al. in our said Court by Joseph Casteel, and others -}

And this they shall in nowise omit, under the penalty prescribed by law.

WITNESS, J. M. Henderson, Clerk and Master of said Court, at office in Athens, the 4th Monday of November, 1869.

J. M. Henderson, Clerk and Master

[Our File # CC236-02]

[Written on Folded Reverse]:

Entered

--------------

[unreadable initials]

Madison Casteel et. al.

vs.

Sterling P. Camp & others

It appearing to the Court, from its return of the Sheriff of Bradley County that subpoenas to answer and copy of complaints were regularly served according to law upon the defendants Mary A. Knox, C. L. Caldwell, & M. J. Billingsly wife of Geo P. Billingsly, more than five days before the last May term of this Court, requiring them to appear and answer or defend Complete Bill at May Term 1870, as required by law; and it appearing that publication was regularly and legally made by the C&M of this court, more than 5 weeks before the May Term of this court, 1870, and plead [?] answers or defend this suit, And all of said defendants having failed to answer or make defence; and it also appearing, from the allegations of the Bill, that said defendants are all married women, it is therefore on motion of compets sol [? Latin words?] ordered that L. W. Cate, be and is hereby appointed guardian ad litum and sol [solicitor] for said feme coverts {?}, and required to answer and defend this cause for them, who accepted said trust in �. �. [?].

[Our File # CC236-03]

[Written on Folded Reverse]:

Pros-Bond

Casteel et als.

vs.

Camp et als.

===============================================================

State of Tennessee - Chancery Court at Athens -

Know all men by these presents that we, Madison Casteel, Joseph Casteel, James G. Ricks, C. C. Ricks, et. als. - are held and bound unto Sterling P. Camp, L. J. Camp, et. als. in the final sum of Two Hundred and fifty dollars, to the payment of which well and truly to be made and done, we bind ourselves, our liens, &c - Yet said [paid?] on condition that the above bound Madison Casteel, and others, Shall prosecute with effect an original Bill they have this day filed in the Chancery Court at Athens, for McMinn County, State of Tennessee, against Sterling P. Camp, and others, or in case of failure therein shall well and truly satisfy all the costs that may accrue in the prosecution of said original Bill and be awarded against them by our said Chancery Court on the final hearing of Said cause therein.

Witness our hands and Seals April 18th, 1870.

Witness:-- Joseph Casteel (his mark) {seal}

[One additional signature,

unreadable, which should be the signature and

[Our File # CC236-04]

[Written on folded reverse]:

No. 236

Alexander Casteel

& others

v

Sterling P. Camp &

others

==========================

[?] Bill - filed

April 18th - 1870

==============================================================

To the Honorable D. C. Trewhitt, Chancellor __? [&C?] [LC?] sitting in Chancery, for McMinn County Tennessee:

Humbly complaining your orator and ___[�tix?] Madison Casteel, Joseph Casteel, Lewis Erwin and his wife Sarah Erwin, James G. Ricks and his wife Amanada M. Ricks, Christopher C. Ricks and his wife Paralee R. Ricks, all citizens of McMinn County Tennessee, ____[?] unto Your Honor.

That Alexander Casteel, late of McMinn County, departed this life intestate, about three years ago. He left your orators Joseph and Madison Casteel , and your orators Sarah Erwin wife of Orator Lewis Erwin, Amanda M. Ricks, wife of your orator James G. Ricks, and Paralee R. Ricks, wife of your orator Christopher C. Ricks, and Elizabeth Brown, the wife of James Brown, his only children and heirs at law. Some forty years before his death, he entered into a contract with John Camp, since deceased, in and by which it was agreed that the said Camp should purchase on their joint account, about 500 acres of land, ...tude [?] laying and being about three miles southwest of Athens, in the 8th Civil District. He and the said Camp agreeing to be interested therein in proportion to the purchase money contributed by them respectively. Camp made his purchase and took title in his own name but he and your Complainants� ancestor soon afterward divided said land and each entered upon and improved their respective portion in severalty. The portion assigned to the ancestor of your Complainants was estimated to contain one hundred acres, more or less, lay in the 8th Civil District of McMinn County, and is now bounded by the lands of R. C. Jacks on the east, by the lands of Elijah Gresham on the south, by the land of William [Burk, Bark, Buck?] on the west and by the lands of Graple Gaston on the north and is known as the Alexander Casteel Place. The said Alexander Casteel entered upon and occupied, held, and enjoyed the exclusive and adverse possession of said land for more than thirty consecutive years, next before his death, all the time claiming and exercising acts of ownership over the same to the well-defined boundaries herein before noted, and your orator Joseph Casteel, has continued to hold and possess for himself and said Alexander Casteel�s other heirs at law, from the death of his father to the present time.

[continued on page 2]

The said John Camp died intestate about thirty years since and without having conveyed said land by any writing to the said Alexander Casteel. He left Sterling P. Camp, now of Illinoise, T. J. Camp, J. B. Camp, Mary A. Knox, C. T. Caldwell, wife of Dr. W. P. Caldwell, M. J.[?] Billingsly, all of Bradley County, Tennessee, his only heirs at law. All of them disclaim any title to said land or any part of it. James Brown and Elizabeth Brown his wife the latter an heir of the said Alexander Casteel, now reside in the State of Illinoise. Said land is not acceptable of partition among your complainants and the defendant Elizabeth Brown without injury to them all. Complainants pray that the aforesaid heirs at law of John Camp, deceased, and the said Elizabeth Brown and her husband James Brown be made parties defendants to this Bill by publication and by process according to law; that they be required to appear and answer on oath, according to law, the obligations herein contained, and a decree diverting title out of said heirs of the said John Camp and vesting title in Complainants and Elizabeth Brown; and for an ��..[?] to restrain said heirs of said John Camp from setting up claim to said land, or any of ir, or disturbing Complainants of their assignees in their possession thereof; for a sale for partition; and for all such other relief in the premises as they may be entitled to and as in duty bound, they will pray to.

Baxter, Sol for Complainants [?]

[Our File # CC236-05]

[Written On Folded Reverse]:

Madison Casteel & Others

vs.

Sterling P. Camp & Others

_____________________

Decrees Entered

===============================================

Madison Casteel & Others

vs

Sterling P. Camp & Others

Be it remembered that this cause came on for order on this 29 November 1870 upon motion of Complaints Solicitor and it appearing from the return of the officer upon the Subpoena on file in this cause that process had been duly served upon the defendants, T. J. Camp, J. B. Camp, James M. Knox & wife Mary A. Knox, Dr. W. P. Caldwell & C.T. Caldwell his wife, and George P. Billingsly and his wife M. J. Billingsly more than five days before the commencement of the last term, and it further appearing that publication had been duly and legally made as to Sterling P. Camp & James Brown and wife Elizabeth Brown the non-resident defendants mentioned in the bill more than five entire weeks before the commencement of the last term and it further appearing that said defendants have all failed to answer the bill or make defense in said cause. It is therefore ordered by the Court that judgement pro confesso be and the same is herein entered against all said defendants who have failed to answer, to wit, T. J. Camp, J. B. Camp, James M. Knox, W. P. Campbell, Geo Billingsly, Sterling Camp & James Brown and the cause set for hearing ex parte.

[Our File # CC236-06]

[Written on Folded Reverse]:

No 236

------

Madison Casteel et als

vs

Sterling P. Camp et als

--------------------------

Answer of femes covert

by L. W. Cate guard

ad litum

===============

Filed Nov in 1870

J.M. Henderson C & M

In Chancery at

Athens, Tennessee

The joint and separate answer of Mary A. Knox, C. T. Caldwell, M. J. Billingsly and Elizabeth Brown all femes covert, and defendants. By L. W. Cate guardian ad litum and Sol to the Bill of Complt of Madison Castell [sic] et als

Respondents, now and hereafter saving to themselves the benefit and advantage of exceptions to Complainants Bill for the errors and uncertainties therein contained, by their guardian ad litum aforesaid answer and say:

That from information and belief they are satisfied that the charges as set forth in the Complete Bill are true and waiving all right to further proof of the charges and allegations of Complts said Bill do admit the same to be true in all things.

Respondents therefore join in Complts prayer and ask such full and functional protection to their rights as shall appear meet and equitable to the Court.

Mary A. Knox

[Continued on Second Page]

[Written on reverse side of page]:

Guardian ad Litum

and Sol. For respond [sic]

State of Tennessee

McMinn County

Personally appeared, L. W. Cate Guardian ad litum and Sol for the above named femes coverts and Respondents, and made oath that the matter set forth in the foregoing answer are true and correct to the best of his knowledge and belief.

Sworn to and subscribed before me this 29th of Nov 1870.

J. M. Henderson, C & M [signature]

~~~~~~

[Our File CC236-07]

[Written on folded Reverse]:

Joseph Casteel, et. al.

vs.

Sterling P. Camp, et. al.

-----------------------------

Deposition of

Benj. Wells &

H. P. Wilson -

-------------------------------

Filed Nov 30th 1870

===============================================================

Madison Casteel & Others Chancery Court at Athens

vs. Nov 30th 1870

Sterling P. Camp & others

In obedience to an interlocutory order at present Term, I have called before me, the following witnesses, who being duly sworn (& of lawful age, depose and say as follows:

Hugh P. Wilson, being first called & sworn deposes & says:

Answer. I am.

Answer: They are not

Answer: I say it would.

Ques 4. Please give your reasons for this.

Benjamin Wells being next called & sworn, deposes and says:

[Our File # CC236-08]

[Written along the left margin of the legal-size sheet]:

Entered

-------------

===============================================================

Madison Casteel & others

vs.

Sterling P. Camp & others

Be it remembered that this cause came on to be finally hears, on this 30th day of November 1870, before Hon. D. M. Key. Chancellor, upon the Bill, answer of guardian ad litum, judgments pro confesso, pleadings & former proceedings, the proofs, and report of the Master made to the present Term of this Court, which being unexcepted to is in all things confirmed. And it appearing to the Court , from said report of the Master, and the proofs in the cause, that said lands mentioned and described in complainants Bill, are non susceptible of partition among the heirs at law of Alexander Casteel and distributees entitled thereto; but that it would be manifestly to the interest of said heirs at law and distributees, that said lands should be sold and the proceeds of said sale distributed among those entitled thereto according to law.

It is therefore ordered, adjudged, and decreed by the Court, that the Clerk and Master of this Court, after he shall have advertised the time place of sale, for four consecutive weeks in the Athens Post, a newspaper published in the town of Athens, McMinn County Tennessee, before the day of sale, shall sell said lands at the Court House door in Athens, Tennessee, to the highest bidder, at public auction, on credits of nine and eighteen months (except ten percentum of the purchase price to be paid in hand, to pay costs and charges.) taking from the purchaser notes and good and approved security therefor, in equal installments, retaining a lien on said lands until the purchase price is fully paid and satisfied, and make his report of sale to the next Term.

Said lands are described as follows: Lying and being in McMinn County Tennessee, estimated to contain one hundred acres, more or less, in the 8th Civil District of McMinn County, and bounded by the lands of R. C. Jackson, on the east, Elijah Grisham on the South, William Burk on the West, and Joseph Gaston on the North, and is known as the Alexander Casteel Place.

[Our File # CC236-09]

[Written on folded reverse]:

No. 236

Master�s Report

Joseph Casteel et. al.

vs.

Sterling P. Camp, et. al.

-----------------------------

Filed Nov 30th, 1870

Joseph Casteel, et. al. Chancery Court

vs. Sterling P. Camp, et. al. at Athens, Tennessee

It was ordered in this cause by said court, at the November Term, 1870, that the Master hear proof and report whether the lands described in the Original Bill, can be equitably & advantageously partitioned among the distributees entitled thereto or whether it would be to the manifest advantage of the parties in interest to have said land sold for distribution.

In obedience to said order the Master reports that he has called before him �[?] P. Wilson and Benj Wells, who testify that said lands are not susceptible of partition among the distributees entitled thereto; but that it would be manifestly to the interest of said parties that said lands should be sold and the proceeds of said sale distributed among said parties according to law - and the Master so reports.

All of which is respectfully submitted.

J. M. Henderson, Clerk

[Our File # CC236-10]

[Written on Folded Reverse]:

Master�s Report of Sale

---------------------------------

Joseph Casteel et. als.

vs.

Sterling P. Camp, et als.

Filed in office May 9th 1871

===============================================================

Joseph Casteel et. als. Chancery Court at Athens,

vs. Tennessee

Sterling P. Camp et. als.

The Master reports that in obedience to a decree of the Chancery Court pronounced at its November Term, 1870, in the above-stated cause, after giving the notice required in said decree of the time, place, and terms of sale, he sold on the 14th day of January, 1871, at public outcry, to the highest bidder, at the court-house door in the town of Athens, Tennessee, all the lands mentioned and described in Complainants� Bill - when Joseph Casteel became the purchaser of the same, he being the highest, best, and last bidder therefor, at the price of two hundred and twenty-five dollars, who paid ten percentum of the purchase price cash in hand, and executed his two several notes in equal amounts, due at nine and eighteen months from date, with approved security for the balance of said purchase money - and a lien was retained upon said lands until the purchase money is fully paid.

All of which is respectfully submitted

J. M. Henderson, C. & M.

[Our File # CC235-11]

Madison Casteel & Others

vs.

Sterling P. Camp & Others

Be it remembered that this cause came to be heard [the following phrase in italics was written between the lines of original text at some later time] and answers of Mary A. Knox, G. T. Caldwell, M. J. Billingsley and Elizabeth Brown femmes covert[?] by their Guardian ad litum, T. W. Casteel[?] upon the Bill and Judgments pro confesso regularly taken against all the other Defendants in the cause and it appearing from the allegations in the Bill which are taken for confessed that Complainants are entitled to the relief sought in the Bill. It is therefore ordered and adjudged and decreed by the court that all the right, Title, Interest, and claim that the heirs and distributors of John Camp, Dec�d, have in and to the following described tract of land, to with, one hundred acres, more or less, lying in the 8th Civil District of McMinn County, bounded by the lands of R. C. Jackson on the East, by the lands of Elijah Grisham on the south, by the lands of William Bark [?] [Buck?] on the west and by the lands of Joseph Grapple [?] Gaston on the north, and known as the Alexander Casteel Place, as described in the Bill, be and the same is here divested out of them and vested in fee in complainants Madison Casteel, Joseph Casteel, Lewis Erwin and wife, Sarah Erwin, James G. Ricks and wife Amanda M. Ricks, Christopher C. Ricks and wife Paralee, and James Brown and wife Elizabeth as the heirs at law and distributees of said Alexander Casteel, Dec�d, and it is further decreed by the Court that the heirs and distributees of the said John Camp be perpetually enjoined and restrained from setting up claim to said land or any part of it or disturbing Complainants or their heirs or distributees of the said Alexander Casteel, Dec�d, or their assignees in the possession thereof and because it appears from the allegations in the Bill that Complainants seek a sale of said lands for distribution and it does not appear that said lands cannot be equitably and advantageously be partitioned among the Distributees entitled thereto. It is therefor ordered by the court that this cause be referred to the Clerk and Master upon that point to hear proof and report to the next term of this count whether said land can be equitably and advantageously partitioned among the distributees entitled thereto or whether it would be to the manifest advantage of the parties in Interest to have said land sold for distribution and report to this term if not to the next.

=========================

[Our File # CC236-12]

[Written on folded reverse]:

Madison Casteel, et. al.

vs.

-----------------------

Decree

-------------

May Term 1871

-------------------

Recorded

Pages 422 and 423

===============================================================

Madison Casteel, et. al.

vs.

Sterling P. Camp, et. al.

Be it remembered that this cause came on to be heard and determined, on this 22nd day of May 1871, before Hon D. M Key [?] Chancellor, upon the report of sale of lands made to the present Term of this Court, mentioned and described in the proceedings, which report being unexcepted to is in all things confirmed by the court.

And it appearing from said report of sale, that the Clerk and Master of this court, in obedience to a decree of this court in this cause, at last term, did after giving the notice, as required in said decree, of the time, place, and terms of sale, sell on the 14th day of January, 1871, at public outcry, to the highest bidder, at the court house door in the town of Athens, Tennessee, all the lands mentioned and described in Complete Bill, to wit, One Hundred Acres, more or less, lying in the 8th Civil District of McMinn County, bounded by the lands of R. C. Jackson on the East, Elijah Grisham on the South, Wm Burk on the West, and Joseph Gaston on the North, known as the Alexander Casteel Place; and at said sale Joseph Casteel became the purchaser of the same, he being the highest, best, and last bidder therefor, at the price of two hundred and twenty-five dollars, who paid ten percentum of the purchase price, cash in hand, and executed his two several notes, in equal amounts, due at nine and eighteen months from the day of sale, with security for the balance of the purchase money, and retained a lien upon said lands until the purchase money is fully paid, and thus complied with the terms of said sale.

It is therefore ordered, adjudged, and decreed, by the Court, that all the right, title, interest, and claim of all the complainants and all the respondents, children & heirs at law of Alexander Casteel , deceased, be and the same is hereby directed out of them, and vested in the said Joseph Casteel, the purchaser, subject to the lien retained for the purchase money, until the same is fully paid. And on payment of said purchase money, the Master will furnish said purchaser a certified transcript of this decree, for registration, as a maniment [?] of title, he paying the costs of said transcript.

[continued on Second Page]

It is further order by the Court, that the Master pay the costs of this cause, out of the fund arising from the sale of said lands.

It is further order by the Court, that the Master, take and state an account and hear proof and report to the present term , if practicable, if not, to the next term; what would be a reasonable compensation to Blizard and Bradford, sols [solicitors] for complts [complainants] for their services as solicitors in this cause? Also what would be a reasonable compensation for L.W. Cate, guardian ad litum for the minor respts [respondents] and femes cerent [?]?

It is further ordered by the Court that the fund arising from the sale of said land, after paying costs & solicitors fees, shall remain in the hands of the Master, subject to the action and order of the Court, in the cases of D. Cleage vs. Heirs of Alexander Casteel, and in the case of Joseph Casteel vs. The Heirs of Alexander Casteel.

[Our File # CC236-13]

[Written on Folded Reverse]:

Madison Casteel & als.

vs.

~~~~~~~~ ~~~~~~

Depositions of

J. N. Aiken

~~~~ ~~~~ ~~~~

Filed May 24, 1871

Madison Casteel, et als Clerk & Master�s Office

vs in Athens, May 24, 1871

Sterling C. Camp, et als

In obedience to a directed [?] order of this court, made in this cause, at the present Term, of this court, I have called before me V. C. Allen & [sic] Esq., & R. M. Edwards & J. N.

Aiken Esqs practicing solicitors of this court, who after being duly sworn, depose and say as follows:

1st By C & M, J. M. Henderson:

Please examine the papers in this cause, and state what would be a reasonable compensation, for Blizard & Bradford, solicitors in this cause, for the complainants, for their services as such solicitors in this cause. Also what would be a reasonable compensation for L. W. Cate, for his services as guardian ad litum for the minor Rspts & femes cerent in this cause?

I have examined the file of papers in this cause and state that Twenty-Five dollars would be a reasonable fee for Blizard & Bradford for their services & that Ten dollars would be a reasonable compensation for L. W. Cate for his services as Guardian ad litum & Sol for the minors.

We concur with Mr. Allen in his opinion above expressed after having examined the papers in this case.

[Our File # CC236-14]

[Written on Folded Reverse]

Report on fees

~~~~~~~~~~~~~~~

Madison Casteel, et. al.

vs.

~~~~~~~~~~~~~~~~

Filed May 24, 1871

Madison Casteel, et. al.

vs

Sterling C. Camp, et. al.

The Clerk and Master, to whom this cause stands referred, by an order of the present term of this court to take and state an account, as to counsel fees, submits the following Report, under the several heads of inquiry embraced in said Reference.

1st�What would be a reasonable compensation for Blizard & Bradford, solicitors in this cause for the Complainants, for their services, as such solicitors in this cause?

In answer to this enquiry, the Master reports, that twenty-five dollars would be a reasonable compensation to Blizard & Bradford, solicitors in this cause, for their services, as such attorneys in this cause.

2nd� What would be a reasonable compensation for L. W. Cate, for his services as a guardian ad litum for the respondents and femes civil [?] in this Cause?

In answer to this enquiry, the Master reports that ten dollars would be a reasonable compensation for L. W. Cate, for his services as guardian ad litum aforesaid, in this cause.

All which is respectfully submitted.

May 24, 1871. See depositions of C. Allen [?], J. W. Aiken [?], R. M. Edward

[Our File # Deed 1903]

Deed from J. B. Eaton to Joseph Casteel

For and in consideration of two hundred and twenty-five Dollars paid as follows. One Hundred and fifty dollars cash in hand, the receipt whereof we hereby acknowledge, and seventy-five dollars to be paid in ninety days from date, which deferred payment is secured by a vendor lein herein retained [?] on all the property herein conveyed. We, J. B. Eaton and wife Elizabeth Eaton of Athens, Tennessee, have this day bargained and sold and by the presents transfer and convey into Joseph Casteel of McMinn County Tenn, the following real estate , to wit, thirty acres in the first tract situated in the 8th Civil District of said county - and lying therein the north east half of the north east quarter of Section 6, Township 5. Range One east of the meridian line beginning 33-1/2 rods north of the South East corner of said quarter on the junction[?] line between J. B. Eaton and L. [?] S. McGauhey tract and running south to the south east corner of said north east quarter. Thence running in a straight line to the northwest corner of said quarter. Thence east with the section line 33-1/2 rods, thence in a straight line to the beginning _____________[?] one other tract containing twelve and one-half acres in the same half of the same quarter as above given and beginning at a point half way of the east line above given at the north east corner of the tract of the 12-1/2 acres J. B. Eaton sold to _________[?] and running due north to the ________[?south] line. Thence west with said section line to the tract of land above described. Thence back on straight line to the beginning. To have and to hold the two above-described tracts of land with all the privileges and appurtenances thereto belonging to the said Joseph Casteel, his heirs, personal representatives and assigns forever. And the covenant to and with the said Joseph Casteel and his hers that we[?] are lawfully seized in fee of said land and have a _______[good?] right to convey the same, and that it is free and unencumbered. And that we will forever warrant and defend the title thereto against the ______[?] claims of all persona whomsoever. In testimony whereof we have hereto signed our names on this the 23rd day of August, 1902. B. Eaton

State of Tennessee

County of McMinn

Personally appeared before me, W. A. Long, Notary Public, in and of said county the within-named

_____[?] J. B. Eaton and Lizzie Eaton with whom I am personally acquainted and who acknowledged that they executed the within _______[?] for the purposes therein expressed.

[along the left margin of the document]:

I declare that I am the true and lawful holder of the claim secured by the instrument within recorded and hereby acknowledge the satisfaction thereof and discharge of the lein to secure the same in full this Fby 24th 1903.

J. B. Eaton

Witness M. C[?] Eleis[?], Registrar

REVISION - Editorial - June 15, 2007

The issue has always seemed strange to us that Alexander Casteel (1800-1862) never gained legal registration of his property during his lifetime.  It has become clear that he acquired some land from John Camp, but never obtained clear title in his name.  During the litigation to resolve his estate (1871), the issue was ultimately resolved, and everyone agreed that the 100 acres, more or less, belonged to Alexander Casteel, but had never been titled to him; the property was eventually sold to son, Joseph Casteel, and the proceeds were divided among Alexander�s heirs.  Our assumption had always been that perhaps Alexander could not gain full title to land because he was Native American -- during a period when their rights were in considerable flux.  Or maybe Alexander was not allowed to own land for some arcane and unknown reason, or didn�t want his name listed in public records?  Another assumption was that perhaps Alexander Casteel was somehow related to John Camp and that the property was ceded to him out of �love and affection�, etc.  None of the above ever panned out.

It now appears that perhaps the reason Alexander Casteel never held title to his portion of the farm is that, under the terms whereby John Camp received the land from his father, Sterling Camp, the land could not be sold or transferred during the father�s lifetime.  John Camp actually acquired other pieces of land in the period 1831-1832, and we can�t prove that the land given to him by his father is the land that was partitioned to provide a farm for Alexander Casteel, but it seems probable, given the conditions.  As it happened, John Camp predeceased his father (22 Aug 1845), throwing the entire situation into turmoil.  Sterling Camp, the father, didn�t die until 15 April 1851.  In 1862, Alexander Casteel and his wife both died, and the glitch in ownership registration became a significant issue.  Although Alexander and Susannah died in 1862, the litigation to resolve disposition of their property didn�t occur until about seven years later, because courts were backlogged due to the War Between the States (referred to in a post-bellum publication as, �The Recent Unpleasantness).  We suspect that, after the death of John Camp, and the later death of his father, Sterling Camp, the issue of gaining title to the land seemed a bit too overpowering for very poor, simple country people, such as Alexander and Susannah Sherrill Casteel.  Below, we've listed the pertinent entries from the Land Records of McMinn Co TN.

McMinn County, Tennessee Deeds and Other Data

1820-1880

Researched, Compiled, and Edited

by

Reba Bayless Boyer

1986

or

http://www.accessgenealogy.com/tennessee/mcminn_land_records.htm

Deed Book A

 Page 5

 (40) 16 Jun 1821 John Walker Sr. to Sterling Camp of Roane Co.

Deed Book B

 Page 10

 (386) 29 Nov 1831 Nancy Hampton, James Tedford, George Wilson, Waden Hampton, and Morgan Hampton to John Camp; part of John Walker�s reservation.

(387) 29 Feb 1832 John L. McCarty to John Camp; two undivided moieties of land conveyed by John Walker Sr. to Wm. Hampton dec�d on 14 Jul 1831.

(392) 02 Dec 1831 James Tedford and George Willson to John Camp; their undivided moiety; two of the heirs of Wm. Hampton dec�d. 

(393) 24 Jul 1832 Sterling Camp to John Camp; $1.00; it is to be distinctly understood that the land is a part of Sterling Camp�s real estate and that John Camp does not have the power to convey said tract in Sterling Camp�s lifetime.