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Note: In MARRIAGE RECORDS OF ROANE COUNTY, TENNESSEE, 1801-1855 by Willis Hutcherson and Marilyn McCluen published in 1973 on page 226: "John A Durham (109) Sur. (bond and license missing) 20 Dec. 1848 Anna Edgmond mar. (no return noted on book) Ref: MB 2, 115-116" The date given for their marriage is not correct. They were licensed on that date. There is no marriage record. *************************************************************************************************************************** 1860 Roane Co., TN SLAVE SCHEDULE Compiled by Robert L. Bailey This compilation is a listing of the Names of the Slave owners and the number of slaves that they owned on the 1860 Roane Co., TN census. Not given here but listed on the census are the ages, Sex, and Color. Unfortunately, the names of the slaves are not given. 9th District DURHAM, J.A., 1 slave *************************************************************************************************************************** Muster Role of Capt. John Blyth's Company B, 5th Tenn. Cav. CSA April 27, 1865 Surrender 17. John A. DurhamKingston. Submitters note: These men surrendered at War's end in Charlotte, NC as a part of the 5th Tennessee Cavalry (McKenzie's), Co. B(Blythe's), and accordingly some of the members who had fought w/ the unit previous to May 3rd, 1865 are not listed. *************************************************************************************************************************** ROBERT K. BYRD vs. GEORGE PRICE, JAMES FULLER, LARKIN WARRICK, J.M. PRICE, ALLEN DURHAM, __EDGEMAN, EDWARD MARTIN - CIRCUIT COURT - 1866 Compiled by Robert L. Bailey -------------------------------------------------------------------------------- In the Circuit Court Roane County Oct. Term 1867. Be it remembered that this cause came on to be tried on this 14th day of Nov. 1867 at a Circuit Court in and for the county of Roane & State of Tennessee begun and holden at the Courthouse in Kingston in said County on the first Monday after the fouth Monday of October 1867 before the Hon. E.T. HALL Judge &c. presiding and a jury of the county where the following proceedings were had. The plaintiff introduced James BURNETT who testified that he knew the school house and the school kept by Mrs. BYRD wife of the Plaintiff in the year 1862 knew that the School house was taken possession of by Kincaids Company of Confed. troops Dont recollect who had command at the time. (The Defts objected to all testimony as to the acts of Kincaids Co. or of third parties and the court overruled the objection and permitted testimony to go to the jury) They had headquarters in the house Kincaid and the officers staid in the house. The men camped out side of the house in tents They did not take off the benches kept the arms in the house. There were soldiers there after Kincaids Co. left the house George PRICE was in the Co. FULLER James M. PRICE & Lieut. MARTIN were there WARRICK staid at Blacksmith shop DURHAM was not there EDGEMOND did not see Mrs. BOYD was teaching when they took the house and had a good school 20 or 30 schollars Her income must have been 20 or 30 dollars per month. After the Co. left she did not get possession until the Yankees came in her in 1863. Cross Examined Col. BYRD was in Kentucky in the army at the time the house was taken Col. BYRD left her in Aug. 1861 Kincaid took possession about a year after Did not see them when they took possession Dont know who took possession There was enclosure about the house where these men left the house the[y] had not injured it they took mighty good care of it. The Plaintiff introduced A.T. LEE who testified that he was the brother of Mrs. BYRD and was here when she was teaching school in 1862. She was teaching one day and went back the next day and Kincaids Co. had taken possession of the house I went to the house the next day Lieut. MARTIN was there and spoke huckly about Col. BYRD and ??? said he was a rebel Said they wanted the house and were going to keep it. Some of the men of the Co. were in the house Dont know the other defendants. They took possession of the house in February 1862 Mrs. BYRD had no other means of support at the time. She had 40 or 50 schollars & the same amt. of income. The benches were all destroyed by soldiers. She had been teaching 2-1/2 months of a five months term when they took the house I left here in July 1862 they held house them benches all belonged to my sister. House would rent for 5 Dolls. per month. X Examined. They called MARTIN Lieut. was not at home when they took possession Dont know who took possession only it was Kincaids Co. Up to the time Sister left for Ky. 13 weeks after they came Kincaids Co. held the house BYRD and sister married 2 weeks before he left for Ky in 1861. John TIPTON a witness for the plaintiff testified that he was living here and going to school to Mrs. BYRD at the time the soldiers took the School house I did not know the men but know the Capt. of the Company. It was Kincaids Company. The building was clean and neat where they took it and furnished with seats and desks. They took the Benches to feed their horses in and horses eat them up There were between 40 and 50 pupils in the school. Note: The outcome of this case is not indicated in the court file. *************************************************************************************************************************** Jackson County Confederate Pension Applications NAME: Durham, John A. PENSION #: S12209 UNIT: 5th Cav. *************************************************************************************************************************** Source: Tennessee Public Health Vital Records: Deaths, 1914 (Jackson County) Certificate Number: 454 Deceased Name: John A. Durham Date of Birth: 26 Jan 1829 Place of Birth: TN Date of Death: 15 Apr 1914 Father: John Durham Place of Birth: Unknown Mother: Elizabeth Allen Place of Birth: Unknown Cemetery: Durham's Cemetery This death took place in Jackson County TN. I found two censuses, 1900 with Ann and John living in Jackson County, no children and the 1910, just John (WD). All the dates match. I believe that this is the son of John (M) Durham, and was appointed as one of the executors of his will. The name of John A.'s mother is very revealing if this is really John M's son. With the more research I have done, the more convinced I am that the above is accurate. That means that John Durham's first wife was named Elizabeth Allen. She was the mother of all children born to John up to and including John Allen Durham. *************************************************************************************************************************** Chancery/Circuit Loose Records Index A - D Source: Jackson County, TN, Microfilm: Roll #43 Chancery/Circuit Loose Records Index 1839-1915 1884 Durham, Jno. A. vs Woodall, Richard[barbara.FTW] *************************************************************************************************************************** This information really clinches the fact that John Allen Durham was the child of John Durham and Elizabeth. In Paragraph 17, Lewis C Durham is mentioned as John's half brother..... [NEW] DRAPER, T. J. & J. M. vs JOHNSON, TREVA, et al Chancery 1914 DEPOSITION: J. H. L. Brown, age 77, live Cookeville, Putnam Co. In 1903 lived 11th District, Jackson Co. Known J. A. Durham since 1865 or 1866. Wrote a deed for him dated 3 Sept 1903 from J. A. Durham to Andy Mayberry at Andy's residence. Andy and his wife were there and John H. Chaffin, the county court clerk, think Lewis Birdwell, believe may have been county register at that time. Durham told me he had conveyed his land to Andy Mayberry & his wife Martha, but he wanted to change it and have it go to B. E. Meadows & his wife E. J. at the death of Mayberry and his wife. He said he had forgotten that part when the first deed was written. Don't remember if the first deed was signed. I burned it at Durham's instructions. He excepted the grave yard. Durham was retaining the use and benefit of the land during his life. Durham seemed to be of sound mind. Was an old man, somewhat feeble. J. A. Durham died in 1914. Understand J. H. Chaffin who acknowledged the deed and J. L. Birdwell, a witness, are dead. s/s 8 May 1914. MORTGAGE DEED: For the purpose of securing a note for $500, I, James Durham, transfer right, title and interest to W. N. Norton in tract of land 11th District, Jackson Co... begin at a poplar in Frank Haile's line, running north to an elm at the corner of a fence, thence southwest to a small hickory on the side of a gully, thence northwest to a walnut, thence northwest to an elm near T. J. Draper's southeast corner, thence north with T. J. Draper's line to Flynns Creek... up Flynn's Creek to the mouth of a draw, thence with said draw to Frank Haile's line... point of beginning. If I pay it off with interest before maturity, this to be void. September 10, 1907 s/s J. A. Durham BILL OF COMPLAINT: T. J. and J. M. Draper against Treva Johnson, Myrtle Johnson, Hazel Johnson, Maggie Johnson, Jessie Johnson, John Johnson, Arnold Johnson and Mack Henson. Since the deed was executed by J. A. Durham to John B. Johnson in 1913, Durham and Johnson have both died. Durham left no wife or children. John B. Johnson left widow Treva and six children, defendants Myrtle, Hazel, Maggie, Jessie, John and Arnold,* all minors without general guardians. Since filing this bill Mrs. Treva Johnson has been appointed on 27 April 1914 general guardian for minor children. [*Also Dorris Johnson; delayed birth certificate #99964 recorded July 21, 1911 lists her place of birth as 11th Civil District, Jackson Co., TN. Father John B. Johnson, occupation Farming. Mother Trevy Johnson - mlj]. DEED: John A. Durham to Andy P. Mayberry & wife Martha during their natural lives... begin at a pin oak on banks of Flynn's Creek... short distance below where Louis Durham now lives... line between me and T. J. Draper... being same tract purchased by me from J. A. Montgomery, Executor of James Draper. 2nd Tract... begin corner of above tract... corner in D. B. Haile's line... drain opposite a beech where it empties into the creek opposite W. B. Norton's house... being the place I bought of D. B. Haile, during the life of Andy P. and wife Martha K. Mayberry... feel I am under obligation to B. E. Meadows & wife E. J. Meadows for much service and attention... my former days, especially E. J. Meadows* whom I partly raised... convey absolute after death of Andy P. & Martha K. Mayberry. Exclude small graveyard 31x35... convey in trust to my friends J. A. Montgomery, Byrd Anderson, W. M. Gailbreath and A. P. Mayberry... they take charge, care for, appoint successors. s/s J. A. Durham [*Note: E. J. [Etta J. Wheeler] Meadows was Treva's proven sister; Reel #124, Jackson Co. Loose Court Papers - mlj]. ANSWER: Treva Johnson, Myrtle Johnson, Hazel Johnson, Maggie Johnson, Jesse Johnson & Arnold Johnson, last six minors by their general guardian. True Respondents are in possession by virtue of a general warranty deed to John B. Johnson by J. A. Durham dated [blank] 1913. True Treva is the widow of John B. Johnson. Other defendants except Henson are his only children and heirs at law [also Dorris Johnson; see above]. Defendant Henson rented a portion from one Frank Lawson who had previously rented same from the said Johnson. Respondents aver it was not a deed but a testamentary paper revoked on execution of deed to John B. Johnson. 14 May 1914. s/s Treavy d. Johnson DEPOSITION: W. M. Gailbreath age 63, am circuit court clerk & Clerk & Master. Knew J. A. Durham 1866 or 67 up to his death. Wrote the deed to Andy Mayberry & wife at Durham's house. Heard John H. L. Brown say he had burned deed in his testimony. One or two years after he made the deed to Mayberry, Durham came in my office and said they could not get along, wanted to buy the land back from Mayberry & wife and could get it for $1000. I heard later that L. C. Durham, a half brother of J. A. Durham and B. E. Meadows had bought it. Durham said Lewis [L. C. Durham] had two very fine girls, they would treat him right and get along nicely. J. A. Durham was about 84 at his death. [Signed] W. M. Gailbreath. DEPOSITION: Johnson Spurlock age 43, live 11th District, occupation mostly a farmer. Acquainted with J. A. Durham all my life, more so the past 5 or 6 years. Talked to Durham about Durham purchasing the remainder interest in his land from Andy Mayberry. s/s Johnson Spurlock DEPOSITION: W. N. Norton, 11th District, occupation farmer. Know Draper, lived adjoining farm, our residences are about a mile apart. Have lived there 18 or 19 years. Durham moved off from his farm a while. Mind started getting bad. I'd see him and he'd just go to crying, couldn't remember something from one minute to the next. He moved back and took John B. Johnson with him. Mr. Johnson was kind and attentive, always humoring the old man. John B. Johnson ran the farm. CONTINUED to WEDNESDAY 14, 1914. DEPOSITION: Andy Mayberry, live 11th District, age 60. Knew J. A. Durham 40 years. We lived in a separate house on Durham land several years and in the same house for 8-10 years. Durham about two years before his death got forgetful and would start crying. He was 85 or 86 when he died. We were living with him, and his wife got down sick. She was blind. We waited on her [cared for] some several years. She told him she wanted him to make my wife and I a deed to the place and he promised her he would. After his wife died, he sent for Mark Gailbreath and had him write it. Later he had J. H. L. Brown write a deed to B. E. Meadows & wife. Durham said he had partly raised his wife. He'd pout and get mad at something I'd done, say he wanted to call it all back. Some 5-6 months after we left Durham's, he got to visiting my house, asked us to go after his things and we did and he lived with us about three years until he went to the old home place with John B. Johnson. Before that, John B. lived on John Gailbreath's place on the side of the Flynns Lick and Gainesboro road. Mr. Durham had kept his [John B. Johnson's] wife [Trevy] before they married, don't know how many years. Don't think they were related. A. P. [his X mark] Mayberry RESUMED THURSDAY JUNE 25, 1914 DEPOSITION: L. C. Durham, live headwaters of Martins Creek in 9th District age 60. Am a half brother to J. A. Durham. He was 85 at his death. s/s L. C. Durham DEPOSITION: H. L. Baugh 40, live Flynn's Lick, am a practicing physician. Been in this county about 18 years. Was J. A. Durham's physician. s/s H. L. Baugh DEPOSITION: T. J. Draper age 54, live Flynns Lick, known J. A. Draper about 45 years, am a complainant. Andy Mayberry and J. A. Durham fell out and Mayberry came to me and wanted to sell his interest for $1000. I declined. Didn't want a life estate - that he and his wife might die before Durham and I would get nothing. He sold his interest to Soney [B. E."Sonny"] Meadows. He was on the outs with Willie Norton, whose wife was buried there in the grave yard.* Question: Did you send Mack (J. M. Draper) to Gainesboro to see about getting a deed written? Answer: I guess so. I generally send my boys to do anything I wanted done. We agreed to get D. B. [Daniel] Johnson to write it. [Signed] T. J. Draper DEPOSITION: J. M. Draper... my father is T. J. Draper [signature page and possibly part of deposition missing]. DEPOSITION: Frank Richmond 59, live in Cookeville. Knew Durham about 40 years. COPY OF DEED: J. A. Durham to John B. Johnson, dated 15 February 1913. [Signed] J. A. Durham *[1880 Sistler's Index, USC, Flynn's Lick, Jackson Co. p. 264: NORTON, William B. 43, Martha A. 37, William P. 7 - mlj]. The date given for their marriage is not correct. They were licensed on that date. There is no marriage record. See scrapbook in marriage data.
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