Over the past several weeks much interesting and useful information has
been exchanged on this list about the Knox County land which was the site
of the massacre of the Alexander Cavitt family. Having been thus
prompted to search my file on the subject, I came upon an incomplete
transcription of a court proceeding which some of you on the list may
find of interest:
CAVITT v HUTCHINGS, TENNESSEE SUPERIOR COURT, HAMILTON DISTRICT, 1807
To the Honorable Judges of the Superior Courts of Law and Courts of
Equity etc. now sitting as Judges in Equity for the District of Hamilton:
Your Orators Richard Cavatt, John Cavitt, John Hollaway and Rebecca
his wife, William Shoemaker and Susanna his wife, Moses Cavitt, Thomas
Cavitt, and Agnes Cavitt, all of the County of Knox and County of Roane
in said district, humbly represent to your honors that heretofore about
the year 1790, a certain Thomas Hutchings since deceased, late of
Davidson County in the district of Mero, conveyed to a certain Alexander
Cavitt a tract or parcel of land, containing six hundred and forty acres,
situated lying and being in what is now the County of Knox, on the waters
of Sinking Creek joining the lands of Thomas N. Clark, Samuel Fleming,
Betsy Fleming, and John Love, being the same tract whereon our Orator
Agnes Cavitt now lives, and which is, as well as your Orators can
ascertain, bounded by the following lines to wit: Beginning at a post
oak on the line of James White, and James Cosby, 2100 acre tract, then
running south 83 degrees East 220 poles to White Oak and black oak, then
south 420 poles, then North 83 degrees West 220, then north 420 poles to
the beginning.
Your Orators further represent on our honor that the said Alexander
Cavitt after the aforementioned conveyance was made to him for the said
tract of land, did settle and make improvements thereon until about the
fall of the year 1793 when he was attacked at his plantation on said
tract of land by a party of Indians and together with his family
unhumanly massacred, and his house laid in ashes with its contents.
Your Orators further state that by the burning of said house the above
named deed of conveyance from Thomas Hutchings to said Alexander for said
tract of land was consumed and destroyed, and that said deed of
conveyance was never registered in any register's office within this
State, so that a copy thereof might be procured to evidence the title
conveyed by Thomas Hutchings to said Alexander, neither is there any
record or written documents to show the existence of said deed except
that it appears by the records of the Court of Pleas, etc., for Hawkins
County that said Thomas Hutchings did acknowledge in open Court a deed of
conveyance from him to said Alexander Cavitt. But your Orators do
expressly state that there are divers persons now living whose testimony
will establish the existence of said deed, the Identity of the land
conveyed and the quantity.
It is further represented to your honors that at the time said
Alexander Cavitt departed this life, he left behind three brothers, to
wit, Moses, Richard and Michael to whom the real estate and among others
the above described tract of land descended. The said Alexander has died
intestate, and with heirs of his body begotten, and that after the said
tract of land had so descended the same by partition and division real
estate made between said brothers Moses, Richard, and Michael fell to the
lot and share of said Moses, of which he took quiet and peaceable
possession, and thereon dwelt until he departed this life.
Your Orators further state that sometime previous to the death of said
Moses Cavett, the said Thomas Hutchings in his lifetime fraudulently
denying his having conveyed said tract of land, instituted his action of
Ejectment brought against said Moses for the recovery of the same. On
the trial of which cause it appearing to the satisfaction of the Court
and Jury by the testimony of divers witnesses to wit, Thomas Jackson,
John McClellan Esquire, James White Esquire and Nicholas Nail that said
Thomas Hutchings had sold and conveyed said tract of land to said
Alexander, that the deed of Conveyance, his acknowledgment of which
appears on the records of Hawkins County court was for the same tract of
land, that said John McClellan shortly before said Alexander Cavitt was
killed, saw and read said deed of conveyance from Thomas Hutchings to
said Alexander, and that he said Thomas Hutchings acknowledged to said
James White that if he ever conveyed any land to the said Alexander
Cavitt it was the same tract whereon said Alexander was killed; and that
said Nicholas Nail heard said Thomas Hutchings acknowledge the receipt of
part of the purchase money for said tract, a verdict was rendered and
Judgement given thereon in favor of said Moses Cavitt.
Your Orators further represent to your honors, that since the
determination of said suit, the said Moses Cavitt departed this life
having first made a ordained his last will and testament, and did therein
will order and ordain among other things; that his beloved Wife Agnes
meaning your Oratrix Agnes, should hold possess and enjoy the above
described tract of land and plantation being the same whereon he lived
when he made and ordained his said will, during her natural life and at
her death that the said tract of land should be exposed to public sale by
his executor appointed by his said Will and testament, and sold under
certain conditions and restrictions named in said will, and that the
monies arising from the sales of said tract of land should be equally
divided between his children, sons and daughters share and share alike;
all which will more fully appear by said will and testament reference
being thereto had, a certified Copy of which is hereto annexed marked
exhibit A, and which your Orators pray may be taken as part of their
bill.
Your Orators state that at the time of the decease of said Moses, he
left behind your Oratrix Agnes, his Widow entitled by said will to a life
estate in said tract of land, and also the following children entitled by
said will to equal shares of the monies that should arise from the sale
of said land, after the decease of said Agnes, Richard Cavitt, John
Cavitt, Rebecca, who had intermarried with John Holloway, Susanna who
intermarried with William Shoemaker, Moses Cavitt and Thomas Cavitt.
Your Orators further represent, that sometime in the year 1804 said
Thomas Hutchings departed this life, having first made and ordained his
last will and testament, and thereby willed, ordered and directed that
all his just debts should be paid by his executors and executrix named in
his last will and testament to carry the same into effect to wit
Catharine Hutchings, wife and relict of said Thomas, John Hutchings, son
of said Thomas and a certain Andrew Jackson all of whom your orators pray
may be made defendant to this bill, out of his real and personal estate,
and for that purpose authorized and empowered his above named executors
and executrix to sell all or any part of his real or personal estate for
that purpose, except a certain parcel of land called the Home Plantation,
reserved to said Catharine Hutchings during her natural life, and further
that said Thomas did will order and devise among other things, that all
the residue of his real and personal estate, after payment of his debts,
should be equally divided between his wife Catharine and his Children to
wit, his sons, John, before named, Lemuel, Christopher, Thomas and
Stokely, and Daughters Polly who had intermarried with a certain Daniel
Small, Rachiel who has since intermarried with a certain James S.
Rawlings, Elizabeth and Jane, all of whom including said Daniel Small and
James S. Rawlings your Orators pray may be made defendants to this bill,
all which will more fully appear by said last will and testament
reference being thereto had, a certified copy of which is hereto annexed
marked exhibit B which your Orators pray may be taken a part of their
bill.
Your Orators further represent that by reason of the loss of said deed
of conveyance above mentioned, and because no other way remains of
proving the existence of the same and the identity of the land thereby
conveyed but by the testimony of the aforementioned Thomas Jackson,
John.............................
And that's all I have. Possibly the person who transcribed this from the
original record (on 5/5/1969) was only interested some of the peripheral
information contained, rather than in the purpose and outcome of the
proceeding itself.
Comments?
J. K. Bryan