Richard W. Cooley Sr. (abt. 1785 - abt. 1848)

Born about 1785 in North Carolina, United States

Ancestors

Died about 1848 at about age 63 in Stewart, Tennessee, United States

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

Biography

Names

Richard W. Cooley, Sr.^[1][2]

Abt. 1785 Birth and Parentage

Richard b. abt. 1785 NC s/o [[Cooley-1244|William Matthews Cooley b. abt. 1759 Virginia d. 1823 Stewart County, TN and Anna Gray b. abt. 1760.^[1] Son William Mathis Cooley on Houston Co. Census states that his father Richard b. NC which was likely Surry Co. It's also confirmed that Richard is a Patrilineal Descendant of John Cooley of Stokes Co., NC because a descendant of Richard's has the Stokes Co. NC Cooley markers.^[1]

Marriage

Richard m. Hannah MNU Cooley^[1] b. abt. 1787 SC d. aft. 1850 TN. In 1850 Stewart Co., TN, she was head of household, 63 yo, b. SC and living close to her son Richard. Her household consisted of Annia Thomas son-in-law, 69 yo, b. NC; Abby Thomas daughter, 34 yo, b. TN; and grandchildren all born TN: Willie 14 yo, Sarah 12 yo and William 5 yo. (1850 US Census, Tennessee, Stewart County, Home Visit 894)^[2][1]

1820-1840 TN Life

In 1820 Stewart Co., TN, Richard's household consisted of 4 males <10 yo (inferred sons); 1 male 26-45 yo (inferred father Richard, est. b. 1775-1794); 2 females <10 yo (inferred daughters); 1 female 25-45 yo (inferred mother Hannah, b. 1775-1794); total 8 persons. (1820 US Census, Stewart Co., TN)^[3]

In 1830, resided in Stewart Co., TN. (1830 > TENNESSEE > STEWART > NO TWP LISTED Series: M19 Roll: 181 Page: 233)

1836: 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 (RIchard's son) and the other conspirators as harboring runaways and the blacks as fugitives. With the help of Jonathan Cooley (Richard's brother) 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."^[4]

8 May 1837: John DUNCAN to Abithel WALLACE, mortgage in debt to Theopolas S. BARNES; wit: Richard COOLEY, Joseph B. BATES; 8 May 1837 (Stewart Co. Deed Book 12, Mar 1836 – Sep 1837, p. 423)^[5]

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.^[6]

Here's a summary of the trial and findings:^[7] 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.

21 Jul 1841: Edward C. ACREE to Beverly AVERITT, 515a on Saline Creek and HAYS’ Fork for $1100, including all the land owned by Nathan ROSS at his death, purchased from Henry PUGH, Jesse MORRIS and Ira OLIVE, adj. M. S. ROSS, Wesley BRANDON, N. G. MORRIS (formerly Col. EDMONDSON), Elisha WILLIAMS Jr. (formerly Elizabeth WALLACE), BRAGG heirs; excludes 60a sold by Nathan ROSS to “his daughter Elizabeth WALLACE the wife of A. G. WALLACE”; wit: William M. MANNING, Richard COOLEY; 21 Jul 1841 (Stewart Co. Deed Book 15, Dec 1843 – Dec 1847, p. 375)^[5]

5 Sep 1842: Simeon W. COOLEY to Hiram VALLENTINE, trust deed for: (1) 250a on BRITTON’S Fork of Saline Creek, adj. John DUNCAN, W. W. CHERRY, Cadiz-Dover Road; (2) 8 tracts formerly belonging to John DUNCAN and sold to Richard COOLEY totaling 634.5a (described in Deed Book 12, pp. 269-271); (3) half interest in 100a KY grant to CARROLL and COOLEY; wit: Samuel GRAHAM, George D. WALL; 5 Sep 1842. (Stewart Co. Deed Book 14, Nov 1840 – Dec 1843, p. 328)^[5]

In 1840, resided in Stewart Co., TN (1840 > TENNESSEE > STEWART > NO TWP LISTED Series: M704 Roll: 534 Page: 314)

22 Jan 1845: John WILLIAMS Jr. to Wesley BRANDON, 3 tracts on Cumberland River: (1) 162a adj. SHELBY, (2) 38a adj. the first tract, (3) 47a, adj. SHELBY (1000a), ROSS (442a), John D. MORRIS; excludes any land already sold to Phillip B. NOLIN; wit: Richard COOLEY, Elisha WILLIAMS Jr.; 22 Jan 1845. (Stewart Co. Deed Book 15, Dec 1843 – Dec 1847, p. 177)^[5]

15 Jul 1846: H. VOLLENTINE, trustee for Richard COOLEY, attorney for S. W. COOLEY, 8 tracts totaling 584.5a on the north side of Cumberland River; same land as Book 12, p. 269-271; test: R. A. STONE, John JAMES; 15 Jul 1846 (Stewart Co. Deed Book 15, Dec 1843 – Dec 1847, p. 419)^[5]

Abt. 1848 Death

Richard d. abt. 1848 Stewart Co., TN based on a deed entry that day involving his heirs:

31 Mar 1848: COOLEY heirs of Richard COOLEY to Woods, Stacker & Co., 1453a between Dyers Creek and Nevils Creek, being all of Lewis CANNON’s grant not including MAY’s 50-acre survey, William WEBSTER’s 300-acre survey and Arioch THOMAS’ 160-acre survey; wit: James TIFFANY, Robert CALDWELL; 31 Mar 1848 (Stewart Co. Deed Book 16, Dec 1847 – Jan 1851, p. 85)^[5]

Children

Richard and Hannah had these children:^[1][2]

1. A.J. Carroll Cooley b. bef. 1810; involved in his father's slave conspiracy (see 1836 above)
2. George M. Cooley d. 1856
3. Lucy Cooley b. 1813; m. GNU Mills
4. Thomas F. Cooley b. 1814 d. 1849; m. 02 Oct 1844 Stewart Co., TN (lic. date) Mary T. Pollard; Mary m/2 Wesley Daniel Booth after her husband died in a gun fight; had issue; Thomas and Mary's son J.R. Cooley was murdered in a Pensacola, FL store he owned.^[8]
5. Samuel Y. Cooley b. 1815 TN; m. 07 Jul 1844 Stewart Co., TN (lic. date) Emeline Booth; had issue (35,000 Tennessee Marriage Records and Bonds, 1783-1870, v1 A-F. Lucas and Sheffield)
6. Abby Cooley b. 1816; m. Auria Thomas
7. Dr. Richard W. Cooley, Jr., b. 1818 TN d. 1858; m. 12 Sep 1847 Stewart Co., TN Caroline E. Webster; had issue (35,000 Tennessee Marriage Records and Bonds, 1783-1870, v1 A-F. Lucas and Sheffield)
8. William Mathis/Matthews Cooley b. 12 Jul 1820 d. 23 Nov 1891 TN; m. 06 Apr 1842 Stewart Co., TN Tabitha Cumie Booth b. 07 Aug 1826 d. 08 Aug 1892; m/1 Mark Booth; both bur. Erin Oak Hill Cemetery, Stewart Co. (now Houston Co.) TN (Find A Grave); had issue (35,000 Tennessee Marriage Records and Bonds, 1783-1870, v1 A-F. Lucas and Sheffield); it's confirmed that he is a Patrilineal Descendant of John Cooley of Stokes Co., NC because a descendant of his has the Stokes Co. NC Cooley markers.^[1]
9. Edith Ann Cooley b. 1825 TN; m. Daniel W. Coleman
10. Elizabeth E. Cooley b. 1830 TN; m. Francis Langford; m. Joseph Coleman

Sources

1. ↑ ^{1.0 1.1 1.2 1.3 1.4 1.5 1.6} Cooleys of Stewart County TN and Patrilineal Descendants of John Cooley of Stokes County, North Carolina by Michael Cooley : accessed 16 Apr 2018 at [1][2]
2. ↑ ^{2.0 2.1 2.2} Jeff Clark's Extended Family and some related lines updated 26 Jan 2017 : accessed 18 Apr 2018 at [3]
3. ↑ Stewart County 1820 Census, Wayback Machine 08 May 2006 snapshot of RootsWeb page : accessed 18 Apr 2018 at [4]
4. ↑ 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 [5]
5. ↑ ^{5.0 5.1 5.2 5.3 5.4 5.5} Stewart County Tennessee Misc. Deed Extracts : accessed 18 Apr 2018 at [6]
6. ↑ 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 [7]
7. ↑ 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.
8. ↑ Joseph R. Cooley Letters , Escambia County Florida ~ 1880s ~ Copyright © 2003, Margaret R. Winders. All Rights Reserved : accessed 19 Apr 2018 at [8]