Family:Burton Creel and Elizabeth Jimmerson (1)

Civil Suit #282, Thomas J. Creel et als. vs. Nicholas McCain et als.:
"The petition of Thos. J. Creel, James Creel, B. Martin Creel, Ancibell Creel, Albert Creel, Mary Creel wife of Noah Strahan . . . Nancy Creel, Holly Ann Creel wife of Edward Bryant . . . Sarah Ann Creel wife of Frank Nobles . . . all of whom are residents of Washington Parish, La., and of Martha Ann Creel wife of Jno. Bryant . . . residing in Pike Co., Miss. shows with respect that they are the owners . . . of an undivided one half interest in and to . . . the N.E. 1/4 of S.E. 1/4 of Sec. 21, and N. 1/2 of S.W. 1/4 and S.W. 1/4 of S.W. 1/4 of Sec. 222, Tp. 2, S. R. 11, East St. Hel. Med. containing 159.91 acres. That their interest in the above described property is reasonably worth the sum of one thousand dollars ($1000.00), they show that they acquired said land by inheritance from their deceased father Albert Creel who departed this life intestate in this Parish and State on or about July 15th, 1897, your petitioners being the sold forced heirs of said decedent and issue of his marriage with Mrs. Elizebeth Creel. Petitioners now show that notwithstanding their ownership and rights as aforesaid and to their grievious injury and loss that Nicholas McCain a resident of Washington Parish, La. has taken possession of and now holds in utter disregard of your petitioners rights and ownership one hundred and twenty acres of said land viz: The N. 1/2 of S.W. 1/4 of Sec. 22 and N.E. 1/4 of S.E. 1/4 of Sec. 21, Tp. 2, S. R. 11, East. That the Bickham Mercantile Co., Ltd., a commercial Corporation . . . with domicile at Franklinton, in your said Parish and State of which said corporation C. H. Bickham a resident of St. Tammany Parish, La. is President and Houston D. Bickham a resident of Washington Parish, La. is Secretary, Treasurer and Business manager has taken possession of the remaining forty acres also in disregard to your petitioners rights and ownership, and that the said defendants refuse to give your petitioners possession of said property although requested to do so. That the above named defendants hold said land under pretended title iminating as follows: that of Nicholas McCain which is not of record and can be found by your petitioners from Hampton B. Magee of same residence who holds what perports to be a title from Jno. Jordan the latter of whom claims to have purchased said land from Isaac N. Varnado a resident of Pike Co., Miss. That the Bickham Mercantile Co. Ltd. holds the portion of said land claimed by them under what purports to be a title from Wiley R. Crocket a resident of Washington Parish, La. who also claims to have purchased said land from Isaac N. Varnado residing as above said. They now show that the basis of all the titles under which said land is claimed and wrongfully withheld from your petitioners is a title alleged to have been made by the deceased father of your petitioners Albert Creel in Nov. 1890 to Isaac N. Varnado, and which title after having been destroyed by fire was revived by judgment obtained Dec. 16th 1897, they aver and so the truth is that the title under which Isaac N. Varnado held said land and under which these various transfers have been made was obtained by him from their deceased father by fraud, misrepresentation, undue influence and that the same was a pure simulation signed through error both as to law and as to fact and that no part of the pretended consideration has ever been paid or tendered to either your petitioners or their deceased father all of which will be more fully shown upon trial of this case. . ." etc.

30 Sep 1904 deposition of Elizebeth Creel, widow of Albert Creel, summary: Elizebeth (x) Creel age "74 years" deposed that she was married to Albert Creel in 1847 in Mississippi, and that she had fourteen children, "Mary, Ansebelle, James, Nancy, Martin, Thomas J. Creel, Albert, Holly Ann, Sarah Ann, Margrett, Jacob, Johnnie, Martha Ann, one died without being named, there is four dead;" that Albert Creel died 13 July 1896; regarding the land in question, she stated that "We did not have a clear title all that had been done was to send the money together with his application to Homestead the said land and received a receipt there for afterword made his final proof to the said land, and sent the necessary money on to the land office but before the pattent was issued my husband died, and it was after words sent in my husbands name to my son T. J. creel who has it at this time. He never did sell it to any one neither did I nor any of my children. I. N. Varnado and Judge Burris came to my house on a Sunday night in February of 1895 if I remember right, and informed my husband that Buck Jones was going to have everything we had, land and all seized and sold the next day and I. N. Varnado said if he would give him a sham title to his land he could keep Buck Jones from takeing it from him for five years and that would enable him to pay Buck Jones and when he called for the title that I. N. Varnado would give the land back to him and when he called for the title I. N. Varnado would not give him a title back for the land. He never received any money for that sham title we did not owe I. N. Varnado a cent in the world, nobody but me and my daughter Martha Ann, no sir nobody signed it as a witness. I. N. Varnado drew up the title Judge Burris said he could not see how to draw up a deed. He come there to talk to my husband just to undermind him out of his land and he done it. Buck Jones came there in a few days afterwards and toled my husband that he had not said any such thing nor thought any such thing."

Judgment was found for the Defendant.