Ann W. (Cooley) Piles (abt. 1811)

Born about 1811 in Tennessee, United States [uncertain]

Ancestors

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

Biography

Names

Ann Cooley, Ann Beauchamp^[1][2]Ann Piles^[1][2][3][4]

Abt. 1811 Birth

Ann b. abt. 1811 TN d/o [[Cooley-1244|William Matthews Cooley b. abt. 1759 Virginia d. 1823 Stewart County, TN and Anna Gray b. abt. 1760.^[1][2][3]

Marriages

1. Ann m.Thomas D. Beauchamp^[1][2]
2. Ann m. Issac Piles^[1][2][3]

1823-50 TN Life

Ann and/or her husbands settled in TN:

01 Dec 1823: Sale of the estate of William M. Cooley; buyers included Mrs. Cooley, Miss Ann Cooley, Jonathan Cooley, Richard Cooley, William Cooley, Anderson Andrews, C. B. Wilcox, Isaac Williams, John K. Colson, John Duncan, Joseph Broadway, Jesse Mann, A. B. Outlaw, Joseph Webster.^[1][5]

28 Sep 1825: Joseph Desha Esquire, Governor of the Commonwealth of Kentucky: To all to whom these presents shall come, greeting. Know ye that by virtue and in consideration of a Kentucky land office warrant No. 205 there is granted by the said Commonwealth unto Thomas F. and William M. Cooley assignees of Thomas D. Beauchamp who was assignee of Elias W. Smith, a certain tract or parcel of land containing 100 acres by survey bearing date the 28th day of September 1825 lying and being in the county of Stewart in the state of Tennessee south of Walker's line opposite the County of Trigg and north of latitude 36-30 on Dyers Creek and bounded as follows viz: .........(Kentucky Land Office Warrant #205 found in Dover, Stewart, Tennessee.) ^[2]

12 Nov 1825: Thomas D. Beauchamp deed of gift to Thomas F. and William M. Cooley. This indenture made this the 15th day of November 1825 between Thomas D. Beauchamp of the state of Tennessee and county of Stewart of the one part and Thomas F. Cooley and William M. Cooley sons of Richard Cooley of the state and county aforesaid of the other part witnesseth:

That the said Thomas Beauchamp as well as for and in consideration of the natural love and affection which he the said Thomas D. Hath and beareth unto the said Thomas F. and William M. sons of the said Richard as also for the better maintainance support and livelihood of them the said Thomas F. and William M. hath given granted aliened enfeoffed and by these presents doth give grant alien and enfeoff and unto the said Thomas F. and William M. their heirs and assigns a certain tract or parcel of ground lying and being in the county of Stewart on Dyers Creek. (Deed #7-343 in Dover, Stewart, Tennessee)^[2]

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 ...

01 Jan 1837: Charles ROPER to George W. ATKINS (Ark.), 550a on Cub Creek, sold by ATKINS to Allen PURVIS, then partly to Charles ROPER for debts; ATKINS agrees to take land back; adj. Dover Road, Larry MANNING, BEAUCHAMP; 1 Jan 1837, registered 10 Mar 1837. (Stewart Co. Deed Book 12 Mar 1836 – Sep 1837, p. 324)

11 Jun 1838: William H. HAGGARD, Rebecca HAGGARD, Joseph WEBSTER, Elizabeth WEBSTER, Isaac PILES, Ann W. PILES and William G. COOLEY to Simeon W. COOLEY, 308a on Dyers Creek for $100, adj. McDOWELL; land was the home tract of William M. COOLEY at the time of his death; wit: Jonathan MILLS, Martha CHERRY; 11 Jun 1838. (Stewart Co. Deed Book I (13) Dec 1837 – Nov 1840, p. 197)^[6]

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.^[4]

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.

16 Sep 1839: Will PHILLIPS, agent for George W. ATKINS Sr. (Jefferson Co., Ark.) to Peyton R. ATKINS, 553a on Cub Creek, adj. Dover Road, SMITH, BEAUCHAMP; wit: J. R. HOOKS, William R. LEE; 16 Sep 1839 (Stewart Co. Deed Book I (13) Dec 1837 – Nov 1840, p.293)^[6]

04 Mar 1840: Trustees of Trigg Seminary to Peyton R. ATKINS, 165a on Cub Creek, adj. Elias W. SMITH, Thomas D. BEAUCHAMP (100a), G. W. ATKINS; 4 Mar 1840. (Stewart Co. Deed Book I (13) Dec 1837 – Nov 1840, p. 507)^[6]

02 Feb 1859: William H. WALLACE, Berry WALLACE, G. R. WALLACE, to John H. MORGAN, 150a, the lower half of a tract purchased 12 Jan 1858, adj. Thomas D. BEAUCHAMP (now Robert JACKSON), Henry JACKSON, Lewis DOWNS, William DOWNS; test: L. D. HARGIS, E. WALLACE; 2 Feb 1859. (Stewart Co. Deed Book 21, p.5)^[6]

30 Nov 1859: Berry WALLACE to H. J. CHERRY, 75a at the upper end of William KELLY’s 150a tract (where John MORGAN has the lower 75a), adj. Thomas D. BEAUCHAMP’s 100a (now Robert JACKSON’s), Henry JACKSON, Lewis DOWNS, William DOWNS’ 92a tract; wit: Henry JACKSON, E. WALLACE; 30 Nov 1859. (Stewart Co. Deed Book 21, p. 235)^[6]

29 Apr 1854: Kain A. McCAUGHAN to LEWIS, ERWIN & Co., 2 tracts on the south side of Saline Creek: (1) 59a adj. Samuel ROSS Jr., Daniel LEGATE, LASITER, LEWIS, ERWIN & Co., SHEMWELL; (2) 1363a, adj. Nicholas LONG, Samuel ROSS Sr., Trigg Seminary, Robert JACKSON, Thomas D. BEAUCHAMP, William KELLY, William DOWNS, Samuel L. GENTRY, NELUMS, Elisha WILLIAMS, WYCOFF & CLARK; wit: Joel BENNETT, Richard HICKS, L. C. McCAUGHAN, N. G. MORRIS; 29 Apr 1854. (Stewart Co. Deed Book 23 (J), p. 151)^[6]

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 2.3 2.4 2.5 2.6} "Public Member Trees", database, Ancestry.com (https://www.ancestry.com/family-tree/person/tree/2822570/person/693069727/facts : accessed 19 April 2018), profile for Rebecca H Cooley.
3. ↑ ^{3.0 3.1 3.2} Jeff Clark's Extended Family and some related lines updated 26 Jan 2017 : accessed 18 Apr 2018 at [3]
4. ↑ ^{4.0 4.1} 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 [4]
5. ↑ Stewart County Bonds and Settlements, Book 3 (Miscellaneous Entries Nov. 1814 – Nov. 1824) : accessed 19 Apr 2018 at Wayback Machine snapshot [5]
6. ↑ ^{6.0 6.1 6.2 6.3 6.4 6.5} Stewart County Tennessee Misc. Deed Extracts : accessed 18 Apr 2018 at [6]
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.