Sumner County, TN Archives
Lawsuit # 7081
(Note: In the upper left hand corner of this document there is what
appears to be a newspaper clipping....it obscures the beginning of this
document. I shall state what is in the clipping first........then shall
put in what I can read of the rest.)
Clipping: The first several lines totally obscured....complaint ___ vs
Cavitt, administrator, Robt. Cavitt, Jas R., Geo. W. Albert, John B.
and Sarah E. Cavitt, minors, defendants. It appearing from affidavit
filed in this case that the defendants, Robt. Cavitt, Jas R., Geo W.
Albert, John R., and Sarah E. Cavitt are non-residents of the state of
Tenneessee; it is therefore ordered that they enter their appearance
herein before or within the first three days of the next term of said
court, to be held on the 3rd Monday in March next 1866, and plead answer
or demur to complaintant's bill, or the same will be taken for confessed
as to them and set for hearing experts and that a copy of this order be
published for four sucessive weeks in the Gallantin Examiner. A
copy---attest.
C. M. Parker, C. and M. ___. W. Head, Sol'r for compl_t.
The Bill of complaint of W. A. Cavitt against N. Y. Cavitt,
administrator of Jacob F. Young, now in Sumner County; Robert Cavitt,
James R., Geo. W. Albert, John B. and Sarah E. Cavitt, minors, all of
whom are non-residents of Tenneessee.
Humbly complaining your Orator ___ respectfully aforesaid and __ __ ___
that Hiram F. Cavitt is indebted to him as follows; by note dated 13th
July 1842, due one day after date, payable to John(?) A. cavitt, for
fifty dollars; with a credit of $19.84, 20th March 1847; by note paid by
___ orator to B. Blythe, for ___ four dollars & 62 cents, dated 7th
March 1856 payable to said Blythe, excuted by said H. F. Cavitt, __ __
at date--This not paid 18th June 1860. By note excuted by G. H. F.
Cavitt to W. A. Cavitt, ___ age of 18 for fifty dollars and 84 cents,
due one day after note---Said notes has sundry credits __ the lack of
its ___, by note executed by H. F. Cavitt to Frederic Nance, for $____
dated 15th July 1842, and ___ 25th ___ 1842, on which your orator __
bound as ___ and which ___---Also, for __ amount of eighty five dollars,
paid __ Sept 1855, by your orator to Frederick nance, for which he took
the receipt of the said Nance---All of said __ indebtedness are here
filed __ Nos 1, 2, 3, 4, & 5 as part of this bill, but need not be
copied.
Your orator would further share unto __ ___, that the said H. F. Cavitt
has, for a number of years, been insolvent, and wholly unable to pay his
debts. ___ ___the brother of your orator and removed to the state of
Missouri, many years ago where he died in the year 1864. He has never
paid any part of said debts, and the ___ are still __ and unpaid. The
said H. F. Cavitt, left Robert Cavitt, and the other minor defendants
mentioned in the ___ as his rightful children * heirs at law, and __ to
his estate. They are, all, non-residents of Tenneessee. The minors
have no regular guardian; and if necessary ___ ask for the appointment
of a guardian ad litem for them.
Your orator would further share that as ___ has, or can be ___ to
administer on the estate of the said H. F. Cavitt, although more than
six months have elapsed since his death; and he has no way of enforcing
payment of his debts, except as he will preceed to set-___. Jacob F.
Young and in this state many years ago, bearing/having a will and the
defendant N. Y. Cavitt has been appointed administrator---with the will
annexed. The said H. F. Cavitt is one of the legetees, and entitled to
an interest in the estate of said Young more than sufficient to pay the
debts due your orator. The estate is in the hands of the aforesaid of
N. Y. Cavitt, the administrator, and he will pay out the ___ ___ ___ to
the party who may be legally authorized to receive their ___. The court
will see that your orator is entitled to satisfaction of his debts out
of the inventory of the said H. F. Cavitt in the estate of the said
Jacob F. Young in the hands of the said administrator.
J. W. Head
I acknowledge myself security for the complaint for costs.
Dec 11th 1865
-------------------------------
The answer of N. Y. Cavitt administrator of J. F. Young , Dec. bill of
complaint of W. A. Cavitt filed in the chancery court at Gallatin.
This _____ for answer says that it is true that he was duly appointed
administrator of the estate of J. F. Young, dec. It is also true that
there are means in his hands belonging to the estate of Hiram F. Cavitt
probably between six hundred and one thousand dollars in amount.
Respondant further answering says that he has heard conversations
between the parties concerning said debts, he is satisfied ___ said. H.
F. Cavitt left this state insolvent and the debts enumerated in said
bill of complaint are yet unpaid.
Respondant further answering says that the main allegations in said bill
are true to the best of his knowledge and belief.
Sworn and ____ to before me, Dec 12th 1865
N. Y. Cavitt
------------------------
W. A. Cavitt vs N. Y. Cavitt et al
in the Chancery Court of Sumner County, Tenneessee
Deposition of N. Y. Cavitt, witness for the complainent taken ___
interrogaties on the 11th day of August, 1866, at the house of F. Nance
in Henry County, Tenneessee. Neither of the parties being present, said
witness N. Y. Cavitt aged forty five years being sworn ___ as follows.
Question 1st by complainent:
Have you answered the bill filed by the complaintent, if so is your
answer true and do you adopt the answer as a part of your deposition?
Answer: I have answered said bill. The answer is true and I adopt it
as a part of this deposition---except as to the insolvency of Hiram F.
Cavitt at the time he left this country(sic)---I may have forgotten and
am not positive as to his insolvency at that time, but my recollection
and information is that he was insolvent for the most of the time since
my recollections both while he lived in this country and in Missouri.
Question 2nd:
Were you acquainted with H. F. Cavitt? Where did he live when you first
knew him and when and to what place did he move?
Answer: I know said Cavitt--he lived in this co. and near this place.
He moved from here about the year 1840 to Warrensburg, Mo.
Question 3rd: Was H. F. Cavitt insolvent at his death?
Answer: I do not know if his ___ conditions at the time of his death
except from letters that I have from his widow and oldest son. They
have both written to me since his death both stating that he was
insolvent at the time of his death and had been so for a long time.
Question 4th: Is he dead, when and where did he die? Are widow and
children correctly set forth in the bill filed by the complainent?
Answer: Said Cavitt is dead---He died 7th(or 1st) of March 186_ near
Warrensburg, Missouri---The widow and children are I think correctly set
forth in the bill of the complaintant.
Question 5th: Have the notes ___ for in this case ever been paid?
State all you know upon this subject.
Answer: From conversations with both parties I am satisfied that these
debts are due and unpaid. H. F. Cavitt wrote me letters not very long
before his death in which he spoke of these debts.
N. Y. Cavitt
----------------------------
B. Blythe, aged sixty three next sworn and ___ as follows.
Question 1st: Was H. F. Cavitt indebted to you when he left this country
and if so about what amount and who paid it?
Answer: He was indebted to me for about forty dollars when he left and
W. A. Cavitt payed me said amount.
Question 2nd: Did you consider H. F. Cavitt good for his contracts
before or when he left this country?
Answer: I considered him disposed to pay but generally unable to do so.
B. Blythe
-------------------------------
Fredrick Nance, aged eighty eight, next sworn and ___ as follows
Question 1st: Was H. F. Cavitt indebted to you when he left this
country and how much and who paid it?
Answer: He was indebted to me eighty five dollars, and W. A. Cavitt
payed it.
Question 2nd: Did you consider H. F. Cavitt good for his contracts
before or when he left this country?
Answer: I considered him disposed to pay but generally unable to do so.
Fredrick (his mark) Nance
---------------------------------------------
J. W. Cavitt aged fifty one, next sworn and deposed as follows
Question 1st: Have the claims sworn so far in this case ever been
paid? State all you know upon this subject.
Answer: I am satisfied said debts were contracted and that they are
wholly unpaid.
Question 2nd: What was his circumstances when you last saw him?
Answer: When I saw him last in 1847 I considered him insolvent.
Cross Examined:
Question 1st: How do you know these debts were not payed?
Answer: I called on him for one of them and he could not pay it and was
present when W. A. Cavitt did
sacrifice his tobacco to pay the Blythe and Nance debts.
J. W. Cavitt
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The foregoing depositions were taken before me as stated in the ___ and
reduced to writing by me and I testify that I am not interested in the
same nor of kin or caused to either of the parties that I sealed the
depositions and put them in the Post Office, properly directed ___ being
out of my possession or altered. After they were taken this the 11th
day of August 1866.
M. W. Luter, J. P.
for Henry County, Tenneessee
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