Jonathan Cooley (bef. 1798 - bef. 1842)

Born before 1798 in North Carolina, United States

Ancestors

Husband of Amy (Unknown) Cooley — married about 1818 in Tennessee, United States [uncertain]

Descendants

Died before 2 Mar 1842 at about age 44 in Marshall, Kentucky, United States

Problems/Questions Profile manager: Bob Sparanese [send private message]

Biography

Names

Jonathan Cooley^[1][2]

Bef. 1798 Birth and Parentage

Jonathan b. bef. 1798 NC s/o [[Cooley-1244|William Matthews Cooley b. abt. 1759 Virginia d. 1823 Stewart County, TN and Anna Gray b. abt. 1760. Jonathan's b. bef. 1791 has been estimated on his being of age (21 yo) to witness his grandfather's will on 15 Apr 1812.^[2] In the 1830 and 1840 US Census, Jonathan's birth year can be inferred as 1801-1810 (see later sections) which would make him 11 yo or younger to witness that will. Some legal action in the colonies did not require that a person be 21. For some legal actions, the law merely required that the person be judged capable of discretion. The age of 14 was generally accepted under common law as the age of discretion.^[3] If he was as young as 14 yo, Jonathan could have been born in 1798 or before.

Research Notes

Stewart County and the War of 1812: Quite a few people were settled in the area by the War of 1812, making a militia organization for protection of the area necessary. By the end of 1814, people of the area were concerned about a potential British invasion from the lower end of the Mississippi River, and recruits were responding to take up defense of New Orleans. Thirty-six men from Stewart County signed up for a six-month tour of duty, marching south under the command of Major General John Coffee in October. In November, seventy-five flatboats loaded with Tennessee Militia passed Dover on their way to New Orleans. Stewart County's Captain James Gray served in the division of Colonel William Carroll in the battle. The resulting victory made General Andrew Jackson a hero among the people of the area.^[4]

1814 Trumpeter in War of 1812

Jonathan was a trumpeter in War of 1812, Dyer's Reg't, Cavalry and Mtd. Gunmen, Tennessee Volunteers^[5] under Capt. James Haggard. He enlisted 28 Jan 1814 and was discharged 10 May 1814.^[1][6]

Abt. 1818 Marriage

Abt. 1818 Jonathan m. Amy MNU ("White"?). Amy's maiden name may have been "White" as one researcher suggests based on a grandson being named George "White" Farris.^[7] Although a marriage record has not been found, they likely married abt. 1818, the year prior to the birth of their first child Geraldine .

1825-40 Henry Co., TN Life

Henry Co. is located in Western Tennessee, bordered on the east by Stewart Co. It originally belonged to the Chickasaw Indians before it was ceded to Tennessee in 1818. By state act on 07 Nov 1821, Henry Co. was created from the western part of Stewart Co. By 1830, the population of Henry County was 12,249.^[8]

According to an 1825 Bill of Sale in Henry Co., TN, Jonathan Cooley sold one Negro boy to William H. Haggard.^[9] William H Haggard is listed as one of the heirs of William Matthews Cooley. Furthermore, the sheriff of Henry Co. is mentioned in the 1838 lawsuit.^[10][11]

In May 1827 after William's death, his sons Jonathan and Richard were Administrators of their father's estate and William's children were also named.^[1]

Pleas before the Worshipful the Justice of the court of Plea and Quarter Sessions for the County of Stewart at their May term 1827

Be it remembered that heretofore to wit: at a court of Plea and Quarter Session began and held for the County of Stewart at the court house in the town of Dover on the first Monday in November 1826 a bill of review was filed in said court in the words and figures following (to wit) To the Worshipful court of Plea and Quarter Session for the County of Stewart this petition of Jonathan Cooley and Richard Cooley Administrators of the estate of William M. Cooley dec'd represents to your Worship that at the February term 1824 of said court Joseph Webster and wife file in said court their petition in the following words (to wit) your Petitioner Joseph Webster and wife beg here to represent that Joel Cooley departed this life sometime in the year 1814 having the heirs Elizabeth formerly Elizabeth Cooley and Jonathan Cooley Richard Cooley George and Rebecca Cooley now Rebecca Haggard and William Cooley and Ann Cooley the brothers and sisters of the said Joel Cooley and the heirs at law of his real and personal estate ... that William M. Cooley the father of the above heirs administrator of the estate of the said Joel Cooley and that during the said administration of the said estate a sale took place on the ... Your petitioners would further represent to your Worship that said William M. Cooley was the father of said Joel Cooley deceased ... the said Elizabeth Webster and brothers and sisters ...

In 1830, Jonathan Cooley' s household in Henry Co., TN consisted of 1 male <5 yo (inferred son George b. btw. 1825-1830), 2 males 5-9 yo (inferred sons James and William b. btw. 1821-1825), 1 male 20-29 yo (inferred father Jonathan b. btw. 1801/1810), 1 male 30-39 yo (unknown person b. btw. 1791/1800), 1 female 5-9 yo (inferred daughter Geraldine b. 1819), 1 female 10-14 yo (inferred daughter Rosilla b. abt. 1820), 1 female 20-29 yo (inferred mother Amy b. btw. 1801/1810); total 8 persons.^[12] The individuals that were expected to be alive in the Cooley household provide enough support that this is the Jonathan who is the subject of this research.

In 1836, Jonathan's brother Richard Cooley was appointed administrator of the estate of Simon Gray, a free man of color. In Stewart Co., TN. In Sep 1836, Cooley conspired with John K. Colson, Wilson K. Colson [also spelled Coulston], James Scarbrough, and Joseph Smith to sell Gray's wife and children, also free people of color, as slaves in Smithland, KY where the laws were described as "different." In Smithland, authorities arrested Richard Cooley, A.J. Carroll Cooley (Jonathan's nephew) and the other conspirators as harboring runaways and the blacks as fugitives. With the help of Jonathan Cooley bribes were made and the whites were released. John Colson returned to TN where he gained administration of the estate, Colson returned to KY and won a suit to recover the family. Colson returned to Smith Co., TN and lost a petition to sell the blacks. Colson defied the court order and sold Fanny's eldest children for $1,200. The final chapter came when the court, citing a $1,200 judgment against him, noted that Colson had recently died with a small estate, and that Fanny’s suit should therefore "abate."^[13]

1838 Nashville Trial: Valentine v. Cooley

In the December Term, 1838, Tennessee Supreme Court, Nashville, TN, a trial was held on an Appellate Court decision in a suit commenced 21 Jun 1836, where William M. Cooley's heirs (Richard, Jonathan, George and William G. Cooley, William H. Haggard and Rebecca his wife, Joseph Webster and Elizabeth his wife, and Issac Piles and Ann his wife) sued Solomon R. Valentine to eject Valentine from 345 acres of land on Dyer's Creek, Stewart Co., TN.^[14]

Here's a summary of the trial and findings:^[15] In 1823 William Cooley died intestate, leaving several heirs, some of whom were minors at the time. In 1819, Cooley had borrowed $2000 and apparently some of the debt remained unpaid when he died. The defendant/administrators of Cooley's estate were sued and the jury found for the creditor(s) in the amount of $474.42.

Although the language was different at that time, what happened next was essentially an execution against the land for satisfaction of the $474.42 judgment. The Sheriff proceeded to give notice to the adult heirs but failed to properly serve certain minor heirs. The property was sold on June 10, 1826 for $499.38 1/2 at auction to the County Trustee. At the time of sale, Mrs. Cooley still lived there with another heir and a lessor of the plaintiff.

On February 8, 1827 a deed was issued to the County Trustee. On July 10, 1832, the Trustee sold the land to a Christopher C. Clements, who had acquired the property via a verbal contract (apparently legal at that time) and was in possession of the property. The appellate court noted however that until he received a deed, Clements' verbal contract made him only a tenant at will until he received a deed and the recitation of facts is silent on whether Clements every received a deed.

At some point Clements sold to Valentine. On June 21, 1836, Cooley's heirs sued Valentine to eject him from the property, claiming the judgment directing the sale of the property was void because of a number of factors, but primarily because the notice of sale was not properly served upon the minor children and therefore the 1826 sale was void viz-a-viz the minors and ergo, the adults as well (although the adults had been properly served).

The appellate court held that the trial court made numerous errors. While the judgment was indeed void as against the infants, it did not necessarily follow that it was also void against the adults. The court also held that Clements may have been entitled to a valid deed if he could establish 7 years of adverse possession.

The case was remanded for another trial, presumably upon the legality of Clements title.

1840 TN/KY Life

In 1840, Jonathan's spouse Amy didn't appear in his household in Henry Co., TN which consisted of 1 male <5 yo (b. btw. 1835/1840), 2 males 5-9 yo (b. btw. 1831/1835), 1 male 10-14 yo (b. btw. 1826/1830), 1 male 15-19 yo (b. btw. 1821/1825), 1 male 30-39 yo (inferred Jonathan b. btw. 1801-1810), 2 females <5 yo (b. btw. 1835/1840), 1 female 5-9 yo (b. btw. 1831/1835), 1 female 10-14 yo (b. btw. 1826/1830), 1 female 40-49 yo (unknown female b. btw. 1791/1800; she is too old to be Amy); total 10 persons, 3 of which employed in agriculture.^[16] However, in 1840 an Amy Cooley appeared next door to her daughter Geraldine Cooley Wilson's family in Wolf Island, Scott, MO. James Wilson's household consisted of 1 male 20-29 yo (inferred James, b. btw. 1811/1820) and 1 female 20-29 yo (inferred Geraldine b. btw.1811/1820) for a total of 2 people. Amy's household consisted of 1 male 10-14 yo (son George b. btw. 1826/1830), 2 males 15-19 yo (sons James and William b. btw. 1821/1825), 1 female <5 yo (Isabelle b. btw. 1835/1840), 1 female 5-9 yo (Anne Eliza b. btw. 1831/1835), 1 female 30-39 yo (inferred Amy b. btw. 1801/1810), 2 persons employed in agriculture; total 6 persons.^[17]

Theories abound on why Jonathan and Amy appear to be heads of households in areas that are 80 miles apart. Were there two Jonathan Cooleys? Did Amy and her children leave Jonathan to live near her daughter? Did Jonathan live with a woman older than Amy who already had a family and needed support? Lack of vital records during that period would make it difficult to determine what happened but we do know that Amy's children was living with her in 1840 in MO and she and Jonathan didn't remarry because in 1844 Amy was a widow and administratrix of Jonathan's estate (see next section).

Jonathan was a Marshall Co, KY landowner according to these deeds that appeared in that county's records:^[1]

1. SW quarter, Section 17, T-6, R-3E, Marshall Co. Deed Book 2, Page 108-109
2. SW quarter, Section 18, T-6, R-3E, Marshall Co. Deed Book 2, Page 108-109, Marshall Co. Deed Book 3, Page 33-34
3. NW quarter, Section 19, T-6, R-3E, Marshall Co. Deed Book 2, Page 108-109, Marshall Co. Deed Book 3, Page 33-34

Research Note

Marshall Co., KY is north of the state line in Henry, Co., TN. According to the Marshall County Genealogical & Historical Society, Benton, Kentucky, Marshall County, Kentucky became a county in June of 1842 from the northern half of Calloway County, KY. Anything bought before June 1842 would be recorded in Murray, Calloway County, KY. All the records of Marshall County, KY from June 1842 through 29 February 1848 were destroyed by a fire in the County Court Clerk's office on the court square (deeds, mortgages, marriage licenses, etc). The people of Marshall County were asked to bring in their old records to help replace those that were destroyed by the fire.^[1]

Bef. 1842 Death

Jonathan d. bef. 2 Mar 1842 Marshall Co., KY.^[1]

1844-48 KY Land Sales

According the Marshall Co., Kentucky Genealogical & Historical Society, the following land transactions involving Jonathan's family occurred after his death:^[18]

1. Date of Deed: 02 Mar 1844, Grantor: Amy Cooly, et al, Grantee: R. L. Ratcliff, No. of Acres: 2 quarter sections Amy Cooly, widow & administratrix of Jonathan Cooley, dec'd, James H. Wilson & Geraldine Wilson, his wife late Cooley, George Piles & his wife Rose (alternative spellings: Rosa/Rosella) Piles, late Cooley, William Cooley, James Cooley, Danvers (alternative spellings: Davis/Devereax) Cooley, Eliza Jane Cooley & Isabella Cooley, children & heirs at law of said Decedent by E. H. Curd, Commissioner
2. Date of Deed: 30 June 1848, Grantor: Edward Jones, Grantee: Joseph Jones, No. of Acres: 80, Water Course: Soldier Creek
3. Date of Deed: 30 Oct 1848, Grantor: E. H. Curd, Commissioner in Chancery, Grantee: John G. Schroader, No. of Acres: 80, Water Course: Soldier Creek
4. Suit of John F. Harris et als Complainants vs. Anny Cooley, administratrix et als defendants for Jonathan Cooley dec'd., James H. Wilson & wife late Cooley, George Piles & wife Rosa Piles, William Cooley, James Cooley, Davis Cooley, Eliza Jane Cooley, Isabella Cooley, heirs at Law of Decedent

Children

Jonathan and Amy's children can be found listed on deeds:^[1][18]

1. Geraldine Cooley b. 1819 Stewart Co., TN d. aft. 1880 Benton, KY; m. 23 Mar 1836 Paducah, McCracken Co., KY, James K. Wilson, M.D. b. 18 Aug 1812 Londonderry, Ireland d. 17 May 1874 Marshall Co., KY
2. Rosilla Cooley b. abt. 1820 TN D. aft. 30 Oct 1848 KY; m. 20 Feb 1838 McCracken Co., KY George C. Piles b. 1810 KY; had issue
3. William M. Cooley b. abt. 1826 TN d. bef. 9 Sep 1870 Mississippi Co., MO; m. 13 Apr 1848 Mississippi Co., MO Louisa Sites b. abt. 1828 d. aft. 18 June 1870; had issue
4. James B. Cooley b. abt. 1822 TN d. bef. 16 Jun 1860 Wolf Island, Mississippi Co., MO; m. Matilda J. MNU b. abt. 1822 IN; had issue (5 girls)
5. George Deveraux Cooley b. abt. 1827 TN d. aft. 20 Aug 1892 Georgetown, El Dorado Co., CA; unlikely had issue
6. Ann Eliza Cooley b. 20 Dec 1830 TN d. 02 Feb 1862 Wolf Island Twp, Mississippi, MO; m. 22 Dec 1846 Wolf Island Twp. Isaiah Alexander Farris b. 06 Jan 1824 in York, SC d. 23 Apr 1905 Caruthersville, Pemiscot, MO; had issue
7. Isabelle Cooley b. abt. 1839 Henry Co., TN d. bef. 09 Jul 1870 Obion Co., TN; m. 18 Jan 1855 Mississippi Co., MO Andrew Jackson Whipple b. abt. 1824 TN d. 26 Feb 1896; had issue

Sources

1. ↑ ^{1.0 1.1 1.2 1.3 1.4 1.5 1.6} "Public Member Trees", database, Ancestry.com (https://www.ancestry.com/family-tree/person/tree/2822570/person/702329775/facts : accessed 18 March 2018), profile for Jonathan Cooley.
2. ↑ ^{2.0 2.1} "Public Member Trees", database, Ancestry.com (https://www.ancestry.com/family-tree/person/tree/57065137/person/44018096138/facts : accessed 22 March 2018), profile for Jonathan Cooley.
3. ↑ Bob's Genealogy Filing Cabinet, Southern and Colonial Genealogies, Legal Age : accessed 15 Apr 2018 at [1]
4. ↑ J. Milton Henry,The Land Between the Rivers cited in Stewart Countians and the War of 1812 on RootsWeb via Wayback Machine accessed 18 Apr 2018 at [2]
5. ↑ United States War of 1812 Index to Service Records, 1812-1815, database with images, FamilySearch (https://familysearch.org/ark:/61903/1:1:Q29V-1GPB : 12 March 2018), Jonathan Cooley, 1812-1815; citing NARA microfilm publication M602 (Washington, D.C.: National Archives and Records Administration, n.d.); roll 45; FHL microfilm 882,563.
6. ↑ Direct Data Capture, comp. U.S., War of 1812 Service Records, 1812-1815 [database on-line]. Provo, UT, USA: Ancestry.com Operations Inc, 1999 : accessed 18 Mar 2018 at [3]
7. ↑ Brad Gibson post dated 05 Aug 2013 : accessed at [4]
8. ↑ Henry County TNGenWeb web site : accessed 24 Mar 2018 at [5]
9. ↑ State of Tennessee, Department of State, Tennessee State Library and Archives, 403 Seventh Avenue North, Nashville, Tennessee 37243-0312, DUNLAP PAPERS 1824-1905, HUGH W. DUNLAP (1798—1849 ), JOHN H. DUNLAP, (1801-1874), Folder 5: accessed 15 Apr 2018 at [6]
10. ↑ Notes for Jonathan Cooley, posted by "michael_95073" 31 Jul 31 2011 on Patrilineal Descendants of John Cooley of Stokes County, North Carolina : accessed 15 Apr 2018 at [7]
11. ↑ Tennessee Reports: Reports of Cases Argued and Determined in the Highest Courts of Law and Equity of the State of Tennessee, Volume 10, Valentine v. Cooley, pp.613-619 : accessed online at [8]
12. ↑ 1830 United States Federal Census, Online publication - Provo, UT, USA: Ancestry.com Operations, Inc., 2010. Images reproduced by FamilySearch.Original data - Fifth Census of the United States, 1830. (NARA microfilm publication M19, 201 rolls) : accessed 22 Mar 2018 at [9]
13. ↑ BLACK STUDIES RESEARCH SOURCES, Microfilms from Major Archival and Manuscript Collections, General Editors: John H. Bracey, Jr., and Sharon Harley, A Guide to the Microfilm Edition of Race, Slavery, and Free Blacks, Series II, Petitions to Southern County Courts, 1775–1867, Part E: Arkansas (1824–1867), Missouri (1806–1860), Tennessee (1792–1868), pp. 13-14 of an obsolete PDF (www.cisupa.proquest.com/ksc_assets/catalog/101087.pdf) cited by Michael Cooley : accessed 19 Apr 2018 at [10]
14. ↑ Tennessee Reports: Reports of Cases Argued and Determined in the Highest Courts of Law and Equity of the State of Tennessee, Volume 10, Valentine v. Cooley, pp.613-619 : accessed online at [11]
15. ↑ Written by Nancy Hughes, Esq., 4x great grandchild of William M. Cooley, in a 16 Apr 2018 email to Bob Sparanese, also a 4x great grandchild of Mr. Cooley.
16. ↑ Ancestry.com. 1840 United States Federal Census [database on-line]. Provo, UT, USA: Ancestry.com Operations, Inc., 2010. Images reproduced by FamilySearch : accessed 22 Mar 2018 at [12]
17. ↑ Ancestry.com. 1840 United States Federal Census [database on-line]. Provo, UT, USA: Ancestry.com Operations, Inc., 2010 : accessed 17 Mar 2018 at [13]
18. ↑ ^{18.0 18.1} These transactions were cited on a forum posting dated 01 Nov 2011 : accessed 23 Mar 2018 at [14]