Person:Isaac Davis (82)

Will Abstract

Will of Isaac Davis of Washington Co., Ind.

Dated: 1 Nov 1819

Sons: James, Nathaniel & Isaac

Daughters: Ann, Polly, Peggy and Sarah

Executor: son Isaac Davis

Witnesses: Jonathan Henderson, Robt. Evans

Records in Tennessee

Greene County TN Court Record, 16 May 1827: John English, Compt. vs. James Davis, Nathaniel Davis, Isaac Davis, John Ashinghush and Anna his wife, William Ford & Mary his wife, Jacob Sowder & Sarah his wife, John Havely & Margaret his wife & Thomas English. Respondents ordered that this cause be left open for further proof untill the next term of the Court.

[Note: the Defendants in this suit of the "Heirs of Isaac Davis Deceased", list the children of Isaac Davis and some of their spouses, exactly matching the names as listed in Isaac Davis' will].

Greene County TN Court Record, 13 Nov 1827: John English complainant vs. James Davis, Nathaniel Davis, Isaac Davis, William Ford and Mary his wife, Jacob Sowder and Sarah his wife, John Favely and Margaret his wife, John Ashinghush and Anna his wife, Heirs of Isaac Davis Dec'd, and Thomas English respondents.

This cause coming on for final hearing the 12th Day of November in the year 1827 before the Honorable Jacob Peck Chancellor & c. and the Bill of complainant being read and the answer of James Davis and Thomas English two of the Defendants being also read, and Nathaniel Davis one of the Defendants having come into Court and stated that he admitted the truth of the Statements in Complainants Bill, and disclaimed any Interest in the Tract of land in complainants Bill mentioned, and the other Defendants having failed to answer the complainants Bill and said Bill being as to them taken as confessed and the cause having been set down for hearing ex parte as to said Defendants who filed to answer and the Depositions of sundry witnesses being also read, and argument by counsel on both sides having been heard and it appearing to the Satisfaction of the Court that complainant is entitled to the relief prayed for in his Bill ~ It is therefore ordered adjudged and decreed by the Court that the legal Title to the tract of land in complainants Bill mentioned containing one hundred acres and granted by the State of North Carolina to Isaac Davis by patent Grant No. 744 and bounded as follows: on Beginning at a large red oak and thence west one hundred poles to a post oak ~ then north one hundred and sixty poles to a post oak Then East one hundred poles to a stake and then south one hundred and sixty poles to the Beginning, be and the same is hereby divested out of the said James Davis, Nathaniel Davis, Isaac Davis, William Ford and Mary Ford his wife, Jacob Sowder and Sarah Sowder his wife, John Havely his wife and John Ashinghush and Anna Ashinghush his wife, and that said legal title to said tract of land with the appertinances he and the same is hereby vested in the complainant John English his heirs and assigns forever in Fee simple ~ and it is further ordered that the complainant pay the costs of this suit.

The Record of all the proceedings had in a Cause lately determined in the Chancery Court held at Greeneville, for the Counties of Carter, Washington, Greene, Cocke, Jefferson and Sevier. Between: John English, Complainant vs. James Davis, Nathaniel Davis, Isaac Davis, John Ashinghush and Anna his Wife, William Hord and Mary his Wife, Jacob Sowder and Sarah his wife, John Havely and Margaret his Wife heirs at Law of Isaac Davis Dec'd and Thomas English, Respondents.

State of Tennessee. Know all men by these presents that We John English and Thomas English our Heirs &c. are bound unto James David, Nathaniel Davis, Isaac Davis, John Ashinghush and Anna his Wife, William Hord and Mary his Wife, Jacob Sowder and Sarah his Wife, John Havely and Margaret his Wife in the Sum of five hundred Dollars - Yet to be void on condition that the said John English will prosecute with effect his Suit by Bill in Chancery this day filed in the Chancery Court for the Counties of Carter, Washington, Greene, Cocke, Jefferson and Sevier, or in case of failure in such prosecution will pay and satisfy all such Costs and Damages as may be awarded and decreed against the said John English. Given under our hand and Seals the 9th day of April 1825

[Signed] John English [Seal], Thomas English [Seal]

Attest M. Payne D.C.

To the Jonorable the Judges of the Supreme Court of Errors and Appeals in and for the State of Tennessee siting as a Court of Equity in and for the District in said State composed of the Counties of Greene &c. humbly complaining showeth unto your Honors your Orator John English a Resident in the County of Greene in the State aforesaid.

That on the seventh Day of November in the Year 1790 the State of North Carolina granted by patent Grant No. 844 to a certain Isaac Davis a tract of land containing One hundred Acres situate in the County aforesaid and bounded as follows: Beginning at a large red Oak, then West one hundred poles to a post oak, then North one hundred and sixty poles to a post Oak, then East one hundred poles to a Stake & then South one hundred and sixty poles to the Begining, which patent Grant your Orator has ready to produce whenever it becomes necessary. Your Orator further states that he is informed and believes it to be true, that said hundred Acres of land had been entered by the said Isaac Davis & before a Grand had been issued for the same, the said Isaac Davis sold said Tract of Land to a certain ____ Ervine in the State of South Carolina who for a valuable consideration purchased the said tract of Land for his Son John Ervine, and the said John Ervine afterwards sold said tract of Land to your Orators father, for a full and valuable consideration paid to the said John Ervine by your Orators said Father, and the said Ervine gave an order to the said Isaac Davis to convey said tract of Land to your Orators said Father Andrew English, and in compliances with said Order the said Isaac Davis on the 10th day of November in the Year 1792 made an endorsement or assignment on the back of said patent Grant in the Words and Figures following Viz. I assign over all my right of the within patent to Andrew English from me and my heirs and Assigns but no further which assignment your Orator believes was esteemed a good and valid conveyance of said tract of land both by the said Isaac Davis and your Orators father. But now your Orator is informed and believing said conveyance is not a legal one, so as to vest a complete legal title to said Land the said Andrew English and his Heirs altho your Orator states that the said Isaac Davis acknowledged said assignment in the Court of pleas and Quarter Sessions for the county of Greene aforesaid at the October Sessions of said Court in the Year 1807, and also acknowledged said Assignment before two Witnesses who attested the same at the time is was made - Your Orator further states that the said Andrew English your Orators said Father took possession of said land soon after he purchased the same, which possession has been continued without interruption ever since by the said Andrew English and his Devisees, Your Orator further states that your Orators said Father is now dead and hath devised said tract of land to your Orator and his brother Thomas English whose Interest in said land your Orator has since purchased, all which your Orator is ready to prove to the satisfaction of your Honors - Your Orator further stated that the said Isaac Davis is also dead & that his hairs at law are James Davis, Nathaniel Davis, Isaac Davis, John Ashinghush and Anna his Wife, William Hord and Mary his Wife, Jacob Sowder and Sarah his Wife, John Havely and Margaret his wife. Your Orator further states that some of the said Heirs of Isaac Davis, particularly the said James Davis is giving out in speeches that owing to the defict in the title of your Orator to said tract of Land, he will commence a suit against your Orator to turn him out of possession of the same $c.

To the end therefore that the said James Davis, Nathaniel Davis, Isaac Davis, John Ashinghush and Anna his Wife, William Hord and Mary his Wife, Jacob Sowder and Sarah his wife, John Havely and Margaret his Wife ^{and Thomas English} may be made Defendants to this Bill of Complaint and may be compelled on their Corporal Oaths full true and perfect Answers to make to all and singular the premises in as full and ample a manner as if the same were herrin again repeated and they more particularly thereunto interrogated, and more particularly that they may state and say, If their Ancestor did not sell said tract of Land to Ervine before a Grant issued for the same ~ Did not Ervine sell the same to Andrew English ~ Did not the said Isaac Davis make the Assignment as said Patent and acknowledge the same before two witnesses and afterwards in Court, herein before stated ~ how long has the said Andrew English and his Devisees been in possession of said land ~ Has not the said James Davis and other heirs of Isaac David been threatening to sue your Orator for said land ~ Has not the whole of said land been devised to your Orator and his Brother & has not your Orator now the whole Interest in the Same ~ The premises considered your Orator prays that upon the final hearing of said Cause, the legal deficts existing in your Orators Title may be remedied, and that all such other and further relief in the premises as is consistent with Equity and good conscience may be afforded to him and that process may Issue &c.

McKinney Sd. for Complainant.

[Note: this suit continues for several pages and the complainant John English was entitled to the relief by the Court and given legal Title to the said tract of land].

1.   Tennessee, Early Tax List Records, 1783-1895.

   Name Isaac Davis
   Residence Date 1805
   Residence Place Greene, Tennessee, USA