George Slaton Court Case, testimonial details

Date: 1877 to 1878
Location: Madisonville, Monroe, Tennessee, United States

COURT: Original Bill ^{[1] [2]} George Slaton vs JJ Raburn Filed Feb 13th 1877, S P Hale, C? To the Honorable W M Bradford, Chancellor & holding the Chancery Court in Madisonville.

George Slaton, a citizen of Monroe County, complainant.
Vs.
J J Raburn, also a citizen of Monroe County, defendant .

[George Slaton] respectfully shows to the court that he owns a tract of land containing fifteen acres more or less lying on the waters of the Chestua Creek in Monroe County, being a part of the South West quarter of Section 33, 2nd Range East of the Meridian, Hiwassee District, and situated in the North East corner of said quarter.
[George Slaton] first purchased said land of Sarah Chambers in the year 1836, she owning the whole of said quarter at the time. At the time [George Slaton] purchased said land it was not marked off from the balance of the quarter and they [?] agreed upon a line laying off fifteen acres more or less, and [George Slaton] and one William Miller, a brother of said Sarah Chambers, whom she authorized as her agent in the matter, went through and marked the line agreed upon of distinct hacks on the trees, which remain in many places to be seen to the present day. [George Slaton] has resided on said land and claimed title to said marked line ever since, excepting about two years from 1847 and 1849. In 1847 [George Slaton] conveyed [the land] to William Henderson and soon afterward conveyed it to one W C Marelock(?) and he conveyed it to [George Slaton]s son B W Slaton. In the year 1849 [George Slaton] repurchased said land from his son ... Owing to the confidential relations existing between [George Slaton] [and his son] no deed was executed ... until 19th day of September 1863, when a deed was executed which has been duly proven and registered. Said line setting apart
[George Slaton]s land and agreed upon and marked out ... [George Slaton] further shows that sometime about the year 1845, said B W Slaton bought the balance of said quarter to a stake or stone about halfway between the Northeast and Northwest corners and owned and resided on the same until a short time before his death, which occurred in 1874. Said B W Slaton ... always recognized the said marked line as the boundary between the land owned by the [George Slaton] and them .... and [BW and George] set up a stone to mark the corner [which contained timbered land] ... [George Slaton] further shows that on or about the ____ day of _____ 1874, said B W Slaton conveyed to said J J Raburn, a part of the said South West quarter, adjoining [George Slaton]'s land on the West along said line [which lands were in timber [^ and remain closed?] on both sides of the line.
[J J Raburn] soon afterward commenced clearing and enclosing a portion of his land next [George Slaton]'s said line, and is now extending his clearing and enclosing over on [George Slaton]'s land at that point is or was heavily timbered with large oak, poplar, hickory, chestnut and other valuable trees besides the smaller timber which was also valuable, which [J J Raburn] has cut [and making into rails or destroying by deadening] and burning the smaller timber ... [George Slaton] has already been greatly damaged by the loss of his valuable timber [and he fears that his ground will be damaged, being very steep and rolling] ...]
[George Slaton] further shows that he has a certain way or foot path out through his said land leading to a low gap in a heavy line of knobs or hills which he has been accustomed to use ... which [J J Raburn] has obstructed with fence and otherwise..it puts [George Slaton] to great loss of time, labor and inconvenience to go around it ... [J J Raburn] well knows where the line is ... and he well knew [where the corner stone was] when he bought the land ... [he tried to take possession to the north, outside his boundaries, by destroying the old marks of the original line by cutting down the trees] and hewing off the marks, and the cornerstone above named has also been removed ...[George Slaton] believes and charges that the [J J Raburn] has removed it ... [George Slaton] further shows that [J J Raburn] is of a weak uneducated mind , very headstrong malicious and presumptuous, and seems to have a mania bordering on insanity to enclose and hold lands not his own ... [George Slaton] gave [J J Raburn] written notice notifying him that he was on [George Slaton]'s land and forbidding him further [mis?]using or destroying the timber.
[George Slaton] further shows that [J J Raburn] is insolvent having no property subject to execution and a judgement in [George Slaton]'s favor against the [J J Raburn] for the damages ... would be worthless ... The [George Slaton] prays for general relief and shows that this is his first application for an injunction on this cause [of perpetually enjoining [J J Raburn] from cutting, burning, deadening, removing any of the timber across said dividing line, and for account to be taken of such damages as may be ascertained to have been done] ...
C W Hicks
Notation: Complainant's usual bond for injunction is two hundred dollars or oath prescribed for poor persons.
unmarked exhibit
This indenture made and entered into this 23rd day of Jany 1836, between ... Sarah Chambers ... and George Slaton, both of the county of Monroe and State of Tennessee ... in consideration of a sum between the parties agreed ... [Sarah Chambers] doth [sell] unto said Slaton ... tract of land situate ... on the waters of the Chestua Creek ... southwest quarter of Section 33, Township 3rd Range 2 East of Meridian ... Hiwassee district ... and in the N East corner of said quarter where said Slaton now lives fifteen acres more or less ...
Witnessed by: James Henderson, William Miller
James M Broyles, clerk
This indenture made and entered into this 19th day of September ... 1850 ... between William Henderson ... and Berry W Slaton [all of Monroe county TN] ... Henderson [for fifty dollars] ... sell unto the said Berry W Slaton ... tract of land ... on the waters of the Chestua Creek ... southwest quarter of Section 33, Township 3rd Range 2 E[ast] M[eridian] Hiwassee district ... and in the N East corner of said quarter containing fifteen acres more or less ... Witnessed by: George Slaton, G L Henderson
John A Stephens, clerk
This indenture made and entered into this 19th day of September ... 1863, B W Slaton and George Slaton [all of Monroe county TN] ... [for fifty dollars] ... sell unto the said George Slaton ... tract of land ... on the waters of the Chestua Creek ... southwest quarter of Section 33, Township 3rd Range 2 E[ast] M[eridian] Hiwassee district ... .and in the N East corner of said quarter containing fifteen acres more or less ...
Witnessed by: David Mason, J M Gardener
A J Hicks, clerk
I, George Slaton do solemnly swear that owning to my poverty, I am unable to bear the expenses of the suit that I am about to commence-entitled as above-in the Chancery Court ... I am justly entitled to the redress sought ... [Feb 13 1877]
Signed George Slaten (not a clerk's hand)

Deposition of J J Raburn, aged 52 years, filed Nov 30, 1877

The line is dispute in this suit begins at a rock corner, near the big branch on the South side of the branch, and runs East up the big branch to the mouth of the hollow that leads up to my house, thence up the said hollow and with the "bottom" of the hollow to the William Mason line-this being the same hollow that Ben. White went up with the hay.
Q: ... Please state if there is more than one hollow ...
A: There are several small hollows but only one that wagon can pass up ...
Q: Did George Slaton & yourself ... have a conversation about the land or lines?
A: Several years before I bought the land, I was passing along ... and George Slaton was there at work, getting out stones ... and we got into a talk and he told me that he was getting out timber on Berry Slaten's land, without leave ...
Q: State whether or not George Slaten ever claimed this disputed land during the lifetime of B W Slaten and whether or not the lines were recognized as you state them until B W Slaten died.
A: He never claimed it during the lifetime of B W Slaten, so far as I ever knew. I occupied it, claimed it, worked on it up to the time of B W Slaten's death, George Slaten being there and knowing these facts and he never interrupted me, nor offered to molest me, nor question my right to the land until after the death of B W Slaten
Q: Please state as near as you can the time Geo Slaten first claimed this land, whether or not you brought suit against him for trespass ... whether or not you recovered judgment against him.
A: I think it was nearly two years after the death of B W Slaten [ca 1876] when he first began to interfere with the land: he came there and commenced to tear down the fences ... I did bring suit against him for trespass & damage & recovered judgment against him ... and I have not been able to collect the amount [or any part of it].
. . . [Raburn denies all allegations that he blocked a path, cut timber or trespassed in any way, the land of George Slaton]. . .
[Answers to questions 15 through 17 not copied.]

Q: How long have you lived on that place?
A: Nearly eight years.

Affadavit of George Slaton, filed Dec 3rd 1877
(notation - Have Mary McDonald and Wade Slaton witnesses)
George Slaton makes oath that the defendant J J Raburn on whom a writ of injunction was served ... on the 2nd day of March 1877, has at various times since the service of said injunction [cut down and carried away valuable timber] ... and has persistently refused to allow [George Slaton] and his family and other persons to pass over the foot path through said land ... Compel him to answer for the said Contempt of Court
Signed George Slaten [not a clerk's hand]
Deposition of Benjamin White, aged 52 years
Q: Who has lived on and claimed the land on which George Slaton lives during the time you have known it, and do you know the line that has been claimed to by him, next to B W Slatons land
A: I think George Slaton has lived on it during the whole time I have known it, with the exception of about two years during which he moved off to Georgia as report said - but when he returned he settled down at the same place again. I can't tell just the date of this absence. Some little time before George Slaton moved to Georgia his land was sold for debt and his son B W Slaton either bought it in, or redeemed it, & obtained a Sheriff's deed for it and after the old man George Slaton, returned, B W made him a deed for it. This is the way I understood it.
. Deposition of R D Henderson:
Q: Who of your neighbors have you heard speak of [J J Raburn] [?]
A: I have heard Mr Mack Gardner say he could not believe him on oath, I have heard Henry Ball say the same thing, I have heard my father say the same, I heard William Sitzler say the same.
Q: What relation to George Slaton does Mack Gardner bear
A: I think Mack Gardner is a son-in-law of George Slaton
Q: You say Henry Ball told you that he would not believe Raburn under oath, is not Henry Ball related by marriage to George Slaton?
. A: They are not related to my knowledge. Two of Mrs Ball's brothers married George Slaton's daughters.

Exhibit A:
This indenture made and entered into on this the 22nd day of September 1873 between B W Slaten and wife T J Slaten of the one part, and James J Raburn of the other part, all of the county of Monroe and State of Tennessee: ... B W Slaten and wife T J Slaten [for one hundred dollars] ... convey unto said James J Raburn ... a certain tract of land containing Twenty acres (20) ... Commencing in the South at a rock corner and running east up the branch to the mouth of a hollow and thence to the William Mason line and thence west ... thence south with the Rogers' line to the top of a nob...a quarter in Second Range East of the Meridian in the 33rd section and 3rd township.
Decree, June term 1878
Be it known that this cause comes on to be heard before the Honorable W M Bradford, Chancellor, on this 5th day of June 1878 ... the court being of the opinion that the [George Slaton] is entitled to the lands conveyed by the deed from Sarah Chambers to [George Slaton] ... and afterwards conveyed by B W Slaton to [George Slaton] ... it is so decreed.
But because it does not appear to the court precisely where the boundary lines of said lands are, and what lands said deeds covered, it is referred to the Master to hear proof and to report to the next term of the court what lands were included in and conveyed by said deeds to [George Slaton], and fix the metes and bounds of the same specifically ... It is further ordered that the County surveyor, after giving the [J J Raburn] five days notice, proceed to survey and locate said land conveyed to [George Slaton] ... and to return to the Master a correct report and plat of the same
Raburn appeals decree.