John Gunter Jr.'s Reservations Land Claim Case

Source: National Archives Microfilm Publications, Microcopy 574, Roll 4. Transcribed by Roy Boney, Jr.
















J4141

0746

Six months after date I promise to pay Samuel Gunter eighteen dollars and twenty four cents for value received of him as witnessed my hand and seal this the 29th November 1834.

(signed in Cherokee syllabary) (seal)

J. W. Gunter Junior he is acquainted with the ? of the alleged contract that he wrote the above note I saw it ? and acknowledged for the purpose then attached and that the same is trust. 

March 4th 1838

G.M. Gunter

0747

No. 2

Stephen Newman affidavit

XX

0748

Voucher No. 2

0749

State of Alabama

Marshall County

This day personally appearing before me E. Harrisborough an acting justice of the peace in and for said county and state, Stephen Newman who upon oath states that on or about the 21st day of Feby. 1834, he and Mather Lindsey subscribing in the presence of each other, a bill of sale from John Gunter Jr. to John Gunter Sr. whereby John Gunter Jr. conveying and occupying to his father John Gunter Sr. six negroes, in consideration of which conveyance and accuracy, John Gunter Sr. undertook and providing thereupon to pay said John Gunter Jr. two thousand four hundred and six dollars.  This affidavit states that there was nothing paid to John Gunter Jr. at the time of the execution of that date of such and from his knowledge of parsley and their business from that time up to the death of John Gunter Sr. he does not know or believe that one cent has ever been paid of the purchase money to John Gunter Jr. if it has both offices and would have known or heard of it from his frequent intercourse and intimacy with the purses.

Stephen Newman

Sworn and subscribed before me

This 24 day of Dec. 1836

E. Harrisborough (seal)

Justice of the Peace

0750

The above gent – whose name appears to be attached to the foregoing affidavit is a gent of unblemished character and should be believed to ? where on oath this 29 day of Dec. 1836

E. Harrisborough (seal)
Justice of the Peace
The State of Alabama

Marshall County

I Richard S. Randles clerk of the county court of Marshall County in the state of Alabama do testify that E. Harrisborough whose signature appears to the above and foregoing affidavit and certificate is now and was at the time of his assigning the same an acting justice of the peace in and for said county Marshall duly elected, qualified and commissioned as such and that due faith and credit is and ought to be given to all his official acts.

In testimony whereof I have hereunto set my hand and affixed my private seal there being no seal of office at office in Claysville this second day of January one thousand eight hundred and thirty seven and of American Independence the sixty first year.

Test.

R. Randles Clk. C.C.

0751

No 3

Stephen Newman

Affidavit

XX

0752

State of Alabama

Marshall County

This day personally appeared before me E. Harrisboro an acting justice of the peace in and for said county and state.  Stephen Newman who upon oath states that Led Malhen and Mr. Lindsey subscribing in the presence of each other the within requisition assignment between John Gunter Jr. and John Gunter Sr. and that the same was acknowledged by both the parties for the purposes therein expressing and that John Gunter Jr. did thereafter act as the clerk and overlooker of the business of John Gunter Sr. iin and about his stone house from the date of the within ? and to the death of John Gunter Sr. and thereafter until the 6th day of Jany. 1836 chose he was removing from that business by William Botter the then admin. With the will among of John Gunter deceased and this affidavit verily between his survey were worth the sum assign to be give if not much more.

Stephen Newman

Sworn and subscribing before me this 31 day of Decr. 1836

E. Harrisborough

Justice of the Peace

0753

The above gent who is attached to the above affidavit is a gent of unblemished character and is entitled to credit when on oath.

29th Dec 1836

E. Harrisborough

0754 (repeat of 0752)

State of Alabama

Marshall County

This day personally appeared before me E. Harrisboro an acting justice of the peace in and for said county and state.  Stephen Newman who upon oath states that Led Malhen and Mr. Lindsey subscribing in the presence of each other the within requisition assignment between John Gunter Jr. and John Gunter Sr. and that the same was acknowledged by both the parties for the purposes therein expressing and that John Gunter Jr. did thereafter act as the clerk and overlooker of the business of John Gunter Sr. iin and about his stone house from the date of the within ? and to the death of John Gunter Sr. and thereafter until the 6th day of Jany. 1836 chose he was removing from that business by William Botter the then admin. With the will among of John Gunter deceased and this affidavit verily between his survey were worth the sum assign to be give if not much more.

Stephen Newman

Sworn and subscribing before me this 31 day of Decr. 1836

E. Harrisborough

Justice of the Peace

No. 3

Articles of argument viz. John Gunter Jr. and John Gunter Sr.

0755

State of Alabama

Marshall County

I Richard S. Randles clerk of the county court of Marshall County in the state of Alabama do certify that E. Harrisborough whose signature appeared to the above affidavit and certificate is now and was at the time of his assigning the same an acting justice of the peace in and for said county Marshall, duly elected, qualified, and commissioned as such and that due faith and credit is and ought to be given to all his official acts.  In testimony whereof I have hereunto set my hand and affixed my private seal there being no seal of office at office in Claysville this second day of January one thousand eight hundred and thirty seven and of American Independence the sixty first year.

Test.

R. S. Randles Clk. C.C.

0756

State of Alabama

Jackson County

This article of argument made and entered into between John Gunter Senr. of the county and state aforesaid of the one part and John Gunter Junr. of the county and state aforesaid of the other part witnesseth that the said John Gunter Senr. has this day employed the said John Gunter Junr. to attend to oversee and transact his business in the mercantile establishment which he has this day purchased of said John Gunter Junr. and the said John Gunter Sr. obligated himself to furnish said John Gunter Jr. in clerk to appoint him in said business and give him the sum of two hundred and fifty dollars a year for the term of the three years.  And the said John Gunter on his past promises and obligates himself to attend to oversee and transact honestly and faithfully the business of said Gunter for the said space of three years and to use his best execution to promote and advance the interest of said John Gunter Senr. in said business.  IN testimony whereof we have herewith set our hands and affixed our seals this 20th day of February 1834.

His X mark

John Gunter Senr. (seal)

John Gunter Junr. (seal)

Test.

M.W. Lindsay

Stephen Newman

0757

Affidavit of Lucy Gatlin

No. 5

0758

State of Alabama

Marshall County JS

Personally appeared before me James Childref, a Justice of the Peace in and for the said county Lucy Gatlin who being duly sworn according to law doth depose and say that she was residing with her grandfather John Gunter Senr. near Gunter’s Landing at the time of his death which occurred about the 27th or 28th of August A.D. 1835, and that shortly after his death not more than two or three days John Gunter Junior who was also residing in the house of his father, came to this deponent during the night time and requested her to carry a light for him upstairs.  This deponent went with him upstairs and then John told her that he was going to remove the money of his father down to the store.  This deponent further says that at this time John took eight bags of money some of them appeared to be full this deponent does not remember how many, John took the money with him to the store and this deponent never saw the money again and further this deponent saith not.

Lucy Gatlin

Sworn to and subscribed before me this 27th day of May A.D. 1837

James Childres Ho.

Justice of the Peace

0759

Geo. W. Gunter’s affv.

No.6

0760

State of Alabam

Marshall County JS

Personally appeared before Booker Smith a Justice of the Peace in and for the county of Marshall Geo. W. Gunter of the same county who being duly sworn according to law depose and say that sometime in the fall of 1845 after the death of John Gunter Senr. He had a conversation with John Gunter jr. at Bellefonte in which conversation the said John Gunter Junr. told this deponent that all the money belonging to the estate of his father which he had got at the dwelling house of his father, he had then locked up in his store house near Gunter’s Landing in his chest and further this deponent saith not.

G.W. Gunter

Sworn to and subscribed before me this 27th day of May 1837.

Booker Smith

Justice of the Peace

0761

No.7

Jno. Gunter

Affv.

W.W. and J. M. McF.

$43. 18/100

0762

No. 7

W.W. and J.M. McFarlane

Affidavit

0763

The State of Alabama

Marshall County

I Richard Randles clerk of this county court of Marhall County in the state of Alabama do certify that E. Harrisborough whose signature appears to the within and foregoing affidavit and certificate is now and was at the time of his assigning the same an acting justice of the peace in and for said county Marshall duly elected, qualified, and commissioned as such and that due faith and credit is and ought to be given to all his official acts.

In testimony whereof I have hereunto set my hand and affixed my seal there being no seal of office at office in Claysville this second day of January one thousand eight hundred and thirty seven and of American Independence the sixty first year.

Test.

R.S. Randles Clk C.C.

0764

State of Alabama

Marshall County

This day personally appeared before me E. Harrisborough an acting Justice of the Peace in and for the county aforesaid, W.W. and J.M. Mcfarlane – who after being duly sworn deposeth and saith that the estate of John Gunter Sr. decd. Was indebted to them, to the amount of forty three dollars and eighteen cents as will be seen as per apt. and receipt above bearing dates Agst 11th, 1838 and Sept. 5, 1835 and No. 7.  The right above will have that the above amt. was paid to us by John Gunter.  Sworn to and subscribed before me this 29 day of Dec. 1836

J.M. McFarlane

E. Harrisoborough JP

Justice of the Peace

I do hereby certify that I am well acquainted with the above gent who have affixed their names to the above certificate and that their characters are unblemished and is entitled to credit in any course of justice this 24 day of Dec. 1836.

E. Harrisborough JP

Justice of the Peace

0765

Mr. John Gunter, Sr. Deceased in ?

1835  M.M. & J.M. McFarlane

April 11th

70 ? lamb at 4/6                                                          $7.50
7 ? ? 5/3 1 pr stockings 4/6                                          $6.87
1 pr gloves 3/9 2 ? bobbin Ms at 4/6                              $2.12/2
1 spool thread at 9 and 4 ? lamb at 3/                            $2.12/2
1 s. nails                                                                     $0.10/2

26

11/2 ? lamb at 4/6 6 ??? 6/                                         $17.50
2 spools of threat at 9 and 1 vest pod 6/                       $1.25
½ ? blc. duns 2/ 1 bunch tape 9?                                 $0.62
2 ? fine lamb 6/2 2 sks. Silk 4                                     $2.12/2
Buttons 2 1 spool thread 9                                          $0.18 2/4
Buttons 2/3 2 yd ? ? 6/                                               $0.87/2
3 pr gloves 3/9                                                           $1.87/2

                                                                              $43.18 3/4

Paid the above affiant in full by the hand of John Gunter this 5th Sept. 1835

W.W. & J.M. McFarlane
By A.C. McFarlane

0766

No. 8

Receipt to John Gunter $10.25

The State of Alabama

Marshall County

I Richard Randles clerk of this county court of Marhall County in the state of Alabama do certify that E. Harrisborough whose signature appears to the within and foregoing affidavit and certificate is now and was at the time of his assigning the same an acting justice of the peace in and for said county Marshall duly elected, qualified, and commissioned as such and that due faith and credit is and ought to be given to all his official acts.

In testimony whereof I have hereunto set my hand and affixed my seal there being no seal of office at office in Claysville this second day of January one thousand eight hundred and thirty seven and of American Independence the sixty first year.

Test.

R.S. Randles Clk C.C.

0767

Gunter’s Landing Nov. 7th 1835
Paid of John Gunter ten dols. and twenty cents infull for shoemaking &c.

Samuel Fain

State of Alabama

Marshall County

This day personally appeared before me E. Harrisborough an acting Justice of the Peace in and for said county.  Samuel Fain – who after being duly sworn, deposeth, and saith – that he was employed by John Gunter to make shoes for the Negroes which then belonged to the estate of John Gunter Sr. deceased and after I had finished making the shoes I then made out my ? and presented it to John Gunter for payment and said John Gunter did accordingly pay me my money for making the shoes as I was employed by said Gunter to make said shoes as you will find by my receipt above to said Gunter under date 7th Nov. 1835 and No. 8.  Sworn to and subscribed before this 7 day of Jany. 1837.

Samuel Fain

E. Harrisborough JP

Justice of the Peace

The above affiant is entitled to credit this 7th day of Jany. 1837

E. Harrisborough

0768

No. 10

W. Stephen Newman

?

against the estate

John Gunter Deceased

$13.50

0769

No. 10

Stephen Newman

Affidavit

0770

The State of Alabama

Marshall County

I Richard Randles clerk of this county court of Marhall County in the state of Alabama do certify that E. Harrisborough whose signature appears to the within and foregoing affidavit and certificate is now and was at the time of his assigning the same an acting justice of the peace in and for said county Marshall duly elected, qualified, and commissioned as such and that due faith and credit is and ought to be given to all his official acts.

In testimony whereof I have hereunto set my hand and affixed my seal there being no seal of office at office in Claysville this second day of January one thousand eight hundred and thirty seven and of American Independence the sixty first year.

Test.

R.S. Randles Clk C.C.

0771

State of Alabama

Marshall County

This day personally appeared before me E. Harrisborough an acting Justice of the Peace in and for said county.  Stephen Newman – who after being duly sworn deposeth and saith that the above affiant was a just and true affiant which I held against the estate of John Gunter Sr. deceased and after giving the above affiant all the just credits which I was due to said Gunter Sr. deceased and then fell in my debt to the amount of three dols. and fifty cents and the said remaining part of said debt was paid to me by John Gunter, as will be seen – as the bill and right above under date 20th Nov. 1835 and no. 10.  Sworn to and subscribed before me this 27th day of Dec. 1836

Stephen Newman

E. Harrisborough JP
Justice of the Peace

The above affiant is justly entitled to full credit and confidence in any court of justice this 29th day of Dec. 1836

E. Harrisborough JP

Justice of the Peace

0772

1835

John Gunter Sr. Deceased

To Stephen Newman
To fulfilling wagon wheels                                                 7.00
Stocking 2 shovel ploughs at 4/6                                      1.30
Making ? single truss at 1/-----                                         1.00
Making 2 shafts for ? wagon                                            1.50
Making 2 upling poles for wagon                                      1.00
Making 2 wagon tongues 4/b                                           1.50

                                                                                    13.50

 

??

$10 dols I was due J. Gunter Sr. Dec.                             10.00

? cart from John Gunter                                                   3.50

                                                                                 $13.50

This 20th Nov. 1835

Stephen Newman

0773

Archie Campbell deposition

No. 11

Relating to the litigation of the Gunters

0774

State of Alabama

Marshall County JS

Personally appeared before me James Monrow Captain Archie Campbell of the same county who being duly sworn according to law doth depose and say that some time after the store house on John Gunter Senr’s plantation near Gunter’s Landing was built he came there and noticed that the old sign board of John Gunter junior was taken down and a new one with the name of Jno. Gunter senior was put up in its place, all that this deponent could judge by way that the colours of the sign board were changed as this deponent cannot read English – this deponent asked John Gunter junior why he had got a new sign.  John answered him that the property the store house and the good belonged to the old gentleman his father and that this name on the new sign was his father’s there was other conversation of the same kind at this time – deponent further saith that the gin house on the same plantation was not built until long after this conversation.

Archie Campbell

His mark

Sworn to and subscribed before me this 29th day of May 1837.

Ja. Munrow

Captain Cong. Post

Gunter’s Land.

0775

No. 13 and 14, 15, 16 and 17

Charles R. Terrell

Affidavit

0776

State of Alabama

Marshall County

This day personally appeared before me E. Harrisborough an acting justice of the peace for said county Charles R. Terrell who after being duly sworn deposeth and saith – that John Gunter did pay to him for the estate of John Gunter Sr. deceased on hundred and forty as will be seen as pr aft. No 13 for his services as over to the estate of said Gunter deceased.  I did also see John Gunter Sr. deceased purchase of John Gunter the following articles as well be shown as per aft. From No. 14 up to No. 17 and dates from 1st March 1835 up to 5th Sept 1835 and for which John Gunter Sr. deceased did never pay to John Gunter one cent.  Neither has the administrator to said John Gunter Sr. deceased estate ever paid to said John Gunter one cent.  As they may this day be seen, charged on the books of John Gunter against the estate of John Gunter Sr. Deceased.  I am well acquainted with all the fact because I helped to weigh the bacon & c and saw John Gunter Sr. deceased receive the same.  I known all the facts because I was living with said Gunters at the time – and the whole of the aft. which John Gunter has charged against John Gunter Sr. deceased from no. 1 to no. 12 I believe to be just and true from all the facts I know concerning the aft. for during the time I lived with said Gunters.  I did frequently see John Gunter - then John Gunter d.- pay out many

0777

for the entire use and benefit of John Gunter Sr. deceased and during the time I lived with said Gunters the whole concern – taking the form – and other things appertaining there to – appeared to be under the entire direction of John Gunter – then – John Gunter d. – as I know everything for the use of the farm was purchased and paid for by John Gunter then John Gunter d. and if a person had not of been well acquainted with said Gunters they never could have told who was the rightful owner, or possessor of all the property about them and I to this day do not directly know who was actually the legal owner of all the property which was about them as one always assumed as much authority over it as the other.  Sworn to and subscribed before this 27th day of Dec. 1836.

Charles B. Terrell

E. Harrisborough JP

Justice of the Peace

The gent name which appears to be affixed to the foregoing affidavit is justly entitled to full credit and confidence this 29th Dec. 1836.

E. Harrisborough JP

Justice of the Peace

0778

The State of Alabama

Marshall County

I Richard S. Randles clerk of the county court of Marshall County in the state of Alabama do certify that E. Harrisborough whose signature appears to the within and foregoing affidavit and certificate is now and was at the time of assigning the same an acting Justice of the Peace in and for said County Marshall duly elected, qualified, and commissioned as such and that due faith and credit is and ought to be given to all his official acts.

In testimony whereof I have hereunto set my hand and affixed my private seal there being no seal of office in Claysville this second day of January one thousand eight hundred and thirty seven and of American Independence the sixty first year. 

Test.

R.S. Randles

0779

No. 6

John Gunter
Claim for spoliations

$3500 dols.

Admitted

0780

No. 26

John Gunter’s claim for spoliation

Registered B.A.

Page 9

Admitted for

$3500

admitted

0781

The claim of John Gunter, against the United States for Spoliations, as provided for in the 10 Articles of the Late Treaty between the United States and the Cherokee Nation, East

Whereas I John Gunter did purchase of James Thompson in the winter of 1829 the following ?? improvements.  All the entire and first possessions which was owned or claimed by James Thompson a native by marriage at or near the head of Brown’s Creek in the Cherokee Nation, one farm, together with all its appurtenances and annexed to which was a ? mill, and cotton gin, and its press said mill and gin was propelled by water power and at said possessions I have placed my miller Mr. Rbt. Liuwell under a permit from the General Council of the Nation which possessions is about fourteen miles from where I have lived during the winter of 1829 while I have my miller in full possession – of said premises a certain Mr. Rogers raised a strong force of men – came and dispossessed my miller from the premises without the least shadow of a claim against me or my possessions – and said Rogers did keep and retain said possessions from me until he said Rogers was again deposed from said premises by a Mr. Mayfield and sons – and they without any claim on or against said Rogers for said premises – and during all this time I was kept from my possessions without any compensation whatever and from said Rogers or Mayfield so Mayfield kept said premises until he could sell them, and he did sell said premises to a Mr. Roberts and Mr. Roberts sold to Mr. Robert and then Roberts sold to John C. Johnson and then sell said Johnson for said premises under the laws of the state of Alabama and I lost said

0782

suit on the grounds that I was an Indian and that it was the policy of the General Govt to get the Indians away and I did pay out about one hundred and fifty dollars defending my just rights, I did purchase the within named possessions before the extension of the laws of Ala and the Indian Country now therefore, by being dispossessed of said premises – I have been damaged to the amount of five hundred dollars per year for the term of seven years which makes my damages amount to the sum of $3500 dollars.  I have therefore asked to be the compensated for the losses and damages which I have sustained as our late treaty makes such provisions and the amounts which I have mentioned I think to be fair, reasonable, and jut for if I would have retained possession of said premises, I would have cleared on the cotton gin alone one thousand dollars per year exclusive of the farm and grist mill &c.

Sworn to and subscribed before me this 1st November 1836.

John Gunter

E. Harrisborough JP

Justice of the Peace

0783

G.W. Campbell

Affidavit

No. 10

State of Alabama

Marshall County, Ala.

I Louis Wyeth judge of the county court of Marshall County Alabama do certify that R.S. Randles whose signature and private seal (there being no public seal of office) are attached to the foregoing certificate is now and was at the time of certifying the same clerk of the county court of Marshall County duly authorized and commissioned as such and that the same is due force of laws May 12 1837.

Louis Wyeth

Judge of The County Court

Of Marshall County, Ala.

0784

The State of Alabama

Marshall County

Personally appeared before me B.S. Parsons one of the acting justices of the peace for said county Judge W. Campbell and after being duly sworn deposeth and saith that John Gunter Junior told him witness that the money that Edward Gunter and William Patton was hunting for that John Littlecay had taken it the said money to the Huntsville bank and that money between six and seven thousand dollars at eight percent would keep him John Gunter Junior always in the shade and that Edward Patton would never find the money there where they had been digging for and further saith the money I understood to be belonging to the estate of John Gunter Deceased.

G.W. Campbell

Sworn to and acknowledged before me this 10th day of May 1837.

B.S. Parsons Esq.

A Justice of the Peace

0785

I Richard S. Randles of the county court of Marshall County Ala. do certify that B.S. Parsons whose signature appears to the within and foregoing certificate is now and at the time of signing the same an acting justice of the peace in and for said county duly elected, qualified, and commissioned as such and that due faith and credit is and ought to be given to all his official acts as such.

In Testimony whereof I have hereunto set my hand and affixed my private seal there being no seal of office at office in Claysville this 10th day of May 1837 and of American Independence the 61st year.

Test.

R.S. Randles Clk CC

0786

Jun. 1835

152

No. 11

John Gunter

Ag.

Walker and Abernathy

0787

1835 June

Mr. John Gunter Sr.

In of with Walker G. Abernathy

For 1 pr ? seeds $8 ? 9 ? 813

?

Rec. of payment and sale for the above ? from Gunter ? December 22 Jany 1836.

Walker and Abernathy

By C. Cooper

0788

T.A. Pertillo

Receipt

For taxes

For 1835

81 cents

paid by John

Gunter

0789

Receipt of John Gunter by the hand of John Gunter Jr. eighty one and a fourth cents the amount of his taxes for 1835.

Sept. 26th 1835

R.S. Randles

To. T.A. Pertillo

0790

John Gunter Sr.

Quit claim to John Gunter Jr.

Premises

B

0791

Whereas I John Gunter Sen. have this day made and signed my last Will and Testament I do hereby declare that it was not my intention in any way to include the houses and one acre of land which are now occupied by my son John Gunter jr. on the road from my dwelling to Gunter’s Landing to which houses are one acre of land I have no claim of any kind.

Witness my hand and seal this sixth day of March in the year of our Lord eighteen hundred and thirty three.

His Mark

John Gunter Sen.

Seal

In presence

Wm. Potter

William Tanner,

? ? (illegible signature)

0792

Relating to m own property

John Gunter

Gilbert ?

Affidavit relating to occupant claims & c

C

The State of Alabama

Marshall County

I Richard S. Randles clerk of the county court of Marshall County in the State of Alabama do certify that E. Harrisborough whose signature appears to the within affidavit and certificate is now and was at the time of his assigning the same an acting justice of the peace in and for the said county Marshall and that due faith and credit is and ought to be given to all his official acts as such.

In testimony whereof I have hereunto set my hand and affixed my private seal there being no seal of office at office in Claysville this thirty first day of December one thousand eight hundred and thirty six and of American Independence the sixty first year.

Test. R.S. Randles Clk. C.C.

0793

State of Alabama

Marshall County

Personally appeared before me Elijah Harrisborough, an acting justice of the peace for said county, Gilbert ?, who after being duly sworn say an oath that he was employed by John Gunter Jr. in the spring of 1834 to build a certain large warehouse and for which said John Gunter did pay me the money for building said warehouse I was also employed by John Gunter, then John Gunter Jr., in the summer of 1834 to build a certain frame building near the present dwelling of E. Harriborough three miles south of Gunter’s Landing and for building said house John Gunter did pay me the money.  I was also employed by John Gunter, then John Gunter Jr., to build a certain large gin house, frame, and for building said house John Gunter did pay me the money and I was paid by no other person or persons whatever.  Neither was I employed to build the above mentioned houses by any other person or persons whatever neither did I ever hear of any person or persons whatever lay any claim or claims to said building neither did I ever hear of John Gunter ? lay any claim or claims to said buildings.  The buildings which I have mentioned above have been built by me for John Gunter since the 1st May 1834 and I do further know that after the transfer made from John Gunter Jr. to John Gunter Sr. desd. That I have often seen John Gunter Jr desd buy some of the same goods mentioned in a certain transfer from John Gunter Jr. to John Gunter Sr. and pay him the money

0794

for the same, and I have often seen him charged by John Gunter Jr. for goods or other articles which eh would buy for his family use one time & c.

Sworn to and subscribed before me this 3rd day of Nov. 1836

E. Harrisborough

Justice of the Peace

Gilbert ?

0795

State of Alabama

Marshall Co.

I certify that I am acquainted with Gilbert ? whose name appears to the foregoing affidavit.  He is in my honest belief entitled to credit on oath.

E. Harrisborough

0796

Larkin Beavert

Affidavit

X

0797

State of Alabama

Marshall County

This day personally appeared before me E. Harrisborough an acting Justice of the Peace for said county, Larkin Beavert who after first being sworn say an oath that he was in company with J. Gunter Sr. desd. And John Gunter then John Gunter desd. When they went to take or get into possession of the premises of James Thompson who was a Native by marriage when we got within two or three miles of said premises John Gunter Jr. then went ahead of the company and left his father James Thompson and myself behind and when we got to the premises John Gunter Jr. was already in full possession of all the premises and according to the then laws of the Cherokee Nation, John Gunter desd. Was then the legal and lawful owner of all said premises which consisted of the following described property:  One farm with all its necessary holdings, one grist mill and one cotton gin and press.  All this took place in the winter of 1829.  Sworn to and subscribed before me this 30th Dec. 1836.

Larkin Beavert

E. Harrisborough JP

Justice of the Peace

Mr. Beavert, whose name appears attached to the foregoing affidavit is a gent I have known long since, and his is a gent who should be believed when on oath.

This 30th Dec. 1836.

E. Harrisborough JP

Justice of the Peace

0798

The State of Alabama

Marshall County

I Richard S. Randles clerk of the county court of Marshall County in the state of Alabama do certify that E. Harrisborough whose signature appears to the within and foregoing affidavit and certificate is now and was at the time of his assigning the same an acting Justice of the Peace in and for said county of Marshall duly elected, qualified, and commissioned as such and that due faith and credit is and ought to be given to all his official act.

In testimony whereof I have hereunto set my hand and affixed my personal seal there being no seal of office at office in Claysville this second day of January one thousand eight hundred and thirty seven and of American Independence the sixty first year.

Test. R.S. Randles Clk C.C.

0799

No. 1

John Gunter

Bill sale viz goods and merchandise

Reg. Book F Pages

260 261

XX

Clerks fees $1.50

Filed 24th Feb. 1834

0800

State of Alabama

Jackson County

Know all men by these presents that I John Gunter Junior of the county of Jackson State of Alabama for and in consideration of the sum of six thousand dollars to me in hand paid the receipt whereof is hereby acknowledged have this day bargained, sold, transferred, and delivered and by these presents do bargain, sell, transfer, and deliver unto John Gunter Senr. of the county and state aforesaid all my title, claim, interest and demand of in and to the following described property, viz an improvement or occupant claim to a certain tract or parcel of land lying in that part of Jackson County State of Alabama over which the jurisdiction of said county has been extended by the legislation of said state containing about one acre and upon which is a storehouse known and called by the name of Gunter’s Store and also a Blacksmith shop and other improvements together with the appurtenances and also my full entire and complete stock and assortment of goods, ware, and merchandise now on hand at said store house and all that has been purchased heretofore for the use and benefit of said establishment and not yet received he it all of what kind

0801

character and description it may.  Also one other improvement in the same part of said county known and called by the name of the cave spring improvement and purchased by one of Stephen Newman with all its appurtenances also one other improvement in the same part of said county on Brown Creek adjoining the improvement of Dry ?head and purchased by me of Howell H. Rose, and its appurtenances.  Also five horses and one mule and two wagons with their gear to have and to hold all and singular the property of every kind, sort, character, and diversion herein mentioned and by these presents bargained, sold, transferred, and delivered unto the said John Gunter Senr. his own execution ? ? and assigns forever.  And I the said John Gunter Junr. do hereby bind and obligate myself to warrant and defend to the said John Gunter Senr. his ? execution, administration, and assigns all the property herein mentioned and specified against the claim or claims of myself, my heirs, executors, and administrators and assigns and the claim or claims of any and every other person whatsoever.

0802

In testimony whereof I have hereunto set my hand and affixed my seal this 21st day of February 1834.

John Gunter (seal)

Test.

W.M. Lindsay

Stephen Newman

State of Alabama

Jackson County

This day personally appeared before me Richard B. Claton clerk of the county court for said county Stephen Newman one of the subscribing witnesses and made oath that he saw John Gunter whose name appears subscribed to the within and foregoing deed of ? and acknowledged that he signed, sold and delivered the same to the said John Gunter for the purpose therein contained and he this deponent subscribed his name as a witness thereunto in the presence of the said J. Gunter and that he saw the other subscribing witness sign the same in the presence of the said J. Gunter and in the presents of each other on the day of the date thereof.

Given under my hand and seal this 24th day of February 1834.

Test. R. B. Clayton Clerk CC

State of Alabama

Jackson County

I Richard B. Clayton clerk of the county court for said county do certify that the within and foregoing deed was filed in my office for registration on the 24th day of February 1834 and has been duly registered and compared in Book E page 260 and 261.

Test R. B. Clayton Clerk CC

0803

State of Alabama

Marshall County

This day personally appearing before me E. Harrisborough an acting Justice of the Peace in and for said county and state.  Stephen Newman the subscribing witness to the within said of conveyance for John Gunter, Jr. to John Gunter, Sr. who upon oath states that at the time of the execution of so said, he saw no consideration whatever then paid in consideration of said transfer and from his own selection in the neighborhood of his portion and intimate knowledge of the pastures to the deed and this knowledge he is confident that no consideration whatever was at that time or has since been paid to the said John Gunter Jr.

Stephen Newman

Sworn and subscribing before me this 30 day of Feb. 1836.

E. Harrisborough JP

Justice of the Peace

0804

The State of Alabama

Marshall County

I Richard S. Randles clerk of the county court of Marshall County in the state of Alabama do certify that E. Harrisborough whose signature appears to the above and foregoing affidavit and certificate is now and was at the time of his assigning the same an acting Justice of the Peace in and for said county Marhsall duly elected, qualified, and commissioned as such and that due faith and credit is and ought to be given to all his official acts.

In testimony whereof I have hereunto set my hand affixed my private seal there being no seal of office at office in Claysville this second day of January one thousand eight hundred and thirty seven and of American Independence in the sixty first year.

Test.

R. S. Randles Clk CC

0805

R. Blackburn

Afft.

Vaught’s interest

0806

State of Alabama

Marshall County

This day personally appeared before me E. Harrisborough an acting justice of the peace for said county.  Richd. Blackburn who after being duly sworn deposeth and saith that some time in the fall of 1835 he was fully empowered and authorized by John Gunter to purchase of James B. Vaught and his wife Catherine all their legal and proportionable part to the estate of John Gunter Sr. desd. Parts purchased of them as follows viz: their part of all the houses and plantations – and their part of all the crop – which was raised in said year of 1835, cotton excepted, and the money was paid by me to them for John Gunter and they did not at that time give to said John Gunter a right of their interest to said business and plantation and crop as as far as I know they have not as yet give to said John Gunter any right or rights for the parts purchased of them by me for John Gunter.

Sworn to and subscribed before this 26th Dec. 1836.

Richard Blackburn

E. Harrisborough JP

Justice of the Peace

The above gent whose name appears to the foregoing affidavit is a gent of unblemished character and should be believed when an on oath this 29th day  Dec. 1836.

E. Harrisborough JP

Justice of the Peace

0807

M.M. Schrimsher

Affidavit & c

2

Vaught’s interest

0808

State of Alabama

Marshall County

This day personally appeared before me E. Harrisborough an acting Justice of the Peace for said county M.M. Schrimsher who after being duly sworn, deposeth and saith that he was present when Richd. Blackburn did purchase of James B. Vaught and his wife Catherine all their right and entire interest to the following described property, viz: all the houses and plantations – and the entire crop for the year of 1835 – cotton excepted – late the property of John Gunter Sr. desd. And for which said Blackburn did pay to them the money for the same for the entire use and benefit of John Gunter and at the time the purchase was made there was no right [inkblot] to said Blackburn for the use of said Gunter and as far as my knowledge extends there has never been any right given to said Gunter for said purchases.

Sworn to and subscribed before me this 26th Dec. 1838.

His Mark

M.M. Schrimsher

E. Harrisborough JP

Justice of the Peace

I certify that M.M. Schrimsher  is a man of unblemished character and he is most certainly in my belief entitled to credit when on oath.


E. Harrisborough

0809

The State of Alabama

Marshall County

I Richard S. Randles clerk of the County Courty of Marshall County in the state of Alabama do certify that E. Harrisborough whose signature appears to the within affidavit and certificate is now and was at the time of assigning the same an acting Justice of the Peace in and for the said county Marshall duly elected, qualified and commissioned as such and that due faith and credit is and ought to be given to all his official acts as such.

In testimony whereof I have hereunto set my hand and affixed my private seal there being no seal of office at office in Claysville this thirty first day of December one thousand eight hundred and thirty six and of American Independence the sixty first year.

Test.

R.S. Randles Clk CC

0810

No. 4

Charles R. Terrill

Affidavit

0811

State of Alabama

Marshall County

This day personally appeared before me E. Harrisborough an acting Justice of the Peace for said county, Charles R. Terrill who after being duly sworn deposeth and saith that he was present at Huntsville with John W. West when said West purchased of the House of Echols and Hollowell the bill of goods as will be seen by its no. 4 and under date 9th Nov. 1835 and said goods was purchased for the use and express benefit of the estate of John Gunter Sr desd.  I know these facts because I was the overseer at the time and saw the Negroes use the eight per blankets and these goods was paid for by John W. West as the then agent of John Gunter.  Moreover I saw John Gunter hand over the money to West to pay for said goods & c.

Sworn to and subscribed before this 27th day of Dec. 1836.

Charles R. Terrill

E. Harriborough JP

Justice of the Peace

The above affiant whose name is affixed to the above affidavit is justly entitled to full credit and confidence this 29th day of Dec. 1836.

E. Harrisborough JP

Justice of the Peace

I Richard S. Randles clerk of the county court of Marshall County in the state of Alabama do certify that E. Harrisborough whose signature appears to the within and foregoing affidavit and certificate is now and was at the time of his assigning the same an acting Justice of the Peace in and for said county duly elected, qualified, and commissioned as such and that due faith and credit is and ought to be given to all his official acts.

In testimony whereof I have hereunto set my hand affixed my private seal there being no seal of office at office in Claysville this second day of January one thousand eight hundred and thirty seven and of American Independence in the sixty first year.

Test.

R.S. Randles Clk CC

0812

No 4

Echols and Hollowell

Opt

John Gunter Sr

For

$22.00

0813

Huntsville 9th Novem 18[35]

Bought of Echols & Hollowell

8 Blankets $2.75                              22.00

5 yds red flannel 4/11                         3.75

14 ? ?  91                                         37 ½

1 bottle no. 6 4/11                             75­____

                                                       26.87 ½

 

Received payment in full

Echols and Hollowell

0814

No. 6

Rand & Bush

Affidavit

0815

No. 6

Beard & Bush

Affidavit

(repeat of 814)

0816

I Richard S. Randles clerk of the county court of Marshall County in the state of Alabama do certify that Booker Smith whose signature appears to the within affidavits and certificate is now and was at the time of his assigning the same an acting Justice of the Peace in and for said county Marhsall duly elected, qualified, and commissioned as such and that due faith and credit is and ought to be given to all his official acts.

In testimony whereof I have hereunto set my hand affixed my private seal there being no seal of office at office in Claysville this thirty first day of  December one thousand eight hundred and thirty six and of American Independence in the sixty first.

Test.

R.S. Randles Clk CC

0817

No. 6

Beard & Bush’s receipt and a/o

To J. Gunter Sr.

$13

0818

Estate of John Gunter Decd.

1835 to Beards & Bush Dr

Augst. 27th     8 yds. Blk silk 87 ½                                     7.00

                        2 glass knobs 9d                                        .25

                        16 yds velvet ribbon 1 ½                            3.00

                        6 –“ “  1/6                                                 1.50

                        1 pr. Brass tacks ---                                  1.25

                                                                                     13.00

 

Received payment in full of the above thirteen dollars by Jno. Gunter Jr. Sept. 5th 1835

Beards & Bush

0819 (repeat of 0818)

Augst. 27th     8 yds. Blk silk 87 ½                                     7.00

                        2 glass knobs 9d                                         .25

                        16 yds velvet ribbon 1 ½                             3.00

                        6 –“ “  1/6