Claiborne Hall - Clues in 1830s to family connections

Nov. 1835 Term          Smith County, Tennessee County Court Minutes, Nov. 1835 -         Apr. 1841, p. 4

                        Ordered that Claiborne HALL be appointed Overseer in the stead of

                        Samuel HIGH and have the same hands and bounds.

Smith County, Tennessee Estate Settlements, 1836 – 1838, pages 40 – 42, 43

9 June 1836

Henry H. JONES Estate Inventory.  Buyers included Claiborne HALL and Andrew PAYNE.  

See Richard JONES connection below also.  I believe that Andrew Payne's son Eusibius Payne had a son by Claiborne Hall's daughter Susan Matilda.  She named the young boy Eusibius P. Hall!  He was born in 1838 and Eusibius Payne died in 1840. 

1836 Middle Tennessee Supreme Court Records, Box 56, Tennessee State Library and Archives

August 15, 1836          On this date the case of William HEROD & Peter HEROD & C. vs.

                        Claiborne HALL and his wife Elizabeth, Nathan HALL and his wife Francis,

                        Daniel M. LANE and his wife Mary Ann, James HEROD, Valentine HEROD,

                        & William FAGG came to be heard before the honorable Abraham
                        CARUTHERS, Judge of Smith County Court, contesting the will of William

                        HEROD, Sr., deceased.  Judgment on 1 September 1836 for plaintiffs. 

                        The defendants prayed for a new trial which was not granted.  They then

                        prayed for an appeal to the Tennessee Supreme Court.  They heard the

                        case in 1837 and affirmed the judgement by consent.

NOTE: Claiborne HALL and his wife Elizabeth, Nathan HALL and wife Frances, Valentine HEROD, James HEROD, Daniel M. LANE and wife Mary Ann, and William FAGG vs. William HEROD, Jr. and Peter HEROD.   Dispute over will of William HEROD was appealed.  There were two wills one dated 14 April 1830 and one dated 17 May 1830.  Court upheld original decision that real estate was valid from first will and personal estate was valid from second will due to not having sufficient number of witnesses.  The bond for Claiborne HALL on this appeal was signed by John BAKER, Don C. DIXON, Timothy WALTON and Archibald W. OVERTON. 

(NOTE: Claiborne’s only son born about 1827, was named Archibald Waller Overton HALL.  Archibald Waller OVERTON was a prominent attorney, born about 1786 in Louisa Co. VA, the son of Waller OVERTON and Mary RAGLAND.  His uncle was John OVERTON, famous lawyer affiliated with Andrew JACKSON.  Archibald Waller OVERTON’s father removed to Fayette Co. KY by 1790 and Archibald was educated at Transylvania College in Kentucky.)  I have suspected been unable to prove a family connection to the HALLs.   I have found one deed dated 1790 in Kentucky in which Waller OVERTON is a party and T. HALL is a witness.  However, as there is a lawyer in Kentucky at that time named Thomas Hall who often signed as T. Hall, I have never thought this was my Thomas.    There seem to have been Hall-Overton connections in Hanover/Louisa County Virginia.  Indeed there is a possible connection with an earlier Claiborne Hall (Rev. War soldier).    This lead has led me absolutely on a dead end.  If anyone has more information on this angle, I'd love to hear about it!!

May 1837

Smith County, Tennessee County Court Minute Book 16, page 200 – 1^st Monday in May 1837

May Term County Court 1837

The State of Tennessee

Vs.

Richard JONES                                                   Bastardy

This cause came on before the Court to be heard and the court ordered that the said Richard JONES be discharged and upon his executing bond and security according to law, that the said child, sworn to him by Sarah HALL, shall not become a charge to the county of Smith, and that he pay the cost according to the case and thereupon came into court the said Richard JONES, and together with Claiborne HALL, entered into bond in the sum of one hundred dollars conditional as the law directs.

NOTE: I believe this is Claiborne’s likely sister Sarah C. HALL.  Claiborne's daughter Sarah who was born in 1812 was already married to Adam C. PERKINS at this time and had several children.  Sarah C. HALL must have “ran off” with Elijah TONEY and her sister Jane to Alabama in 1834, but may have returned as she is NOT in the 1840 census household.  The fate of this child is unknown.   Refer to Elijah TONEY connection below. 

NOTE: Richard JONES is in 1840 Smith Co. TN census, page 239, lines 11 and 12

Richard JONES   1 white male 10 and under 15; 1 white male 15 and under 20; 1 white male 30 and

                under 40; 1 white female 15 and under 20; Total – 4; 2 employed in agriculture

Martha JONES  1 white female 20 and under 30; 1 white female 60 and under 70; Total - 2

NOTE: Richard seems to possibly be a widower, making sense if he had a bastard child by Sarah HALL.  Was Martha his mother, possibly widow of Henry H. JONES at whose estate sale Claiborne HALL was a purchaser in 1836.    Richard JONES was in District 1 (same district as Claiborne HALL lived) in 1837 tax list.  S

Smith County, Tennessee Estate Settlements, 1836 – 1838, pages 118 – 123

5 May 1837

Jonathan PICKETT Inventory/Sales – buyers included Claiborn HALL

1837                       Clabron HALL signed petition as an inhabitant of Smith County regarding

the county line between Smith and Cannon Counties.   Source: Family Tree Maker’s Family Archives: Genealogical Records, Early Tennessee Settlers, 1700s - 1900s, CD # 511

1837                       Smith County, Tennessee Tax List at Tennessee State Library and Archives

lists Claiborn HALL in District 1. 

                                Claiborn HALL    D. Land, 37 acres, Value - $148, Tax - 70, 1 white poll -

                                12 cents

1838                 Smith County, Tennessee Tax List, TN State Library and Archives

                                Dist. 1

                                Claiborn HALL                    D. Land, 37 acres, Value - $148, Tax .70

                                                                                1 white poll - 12 cents

Smith Co. TN Deed Book O, page 56

1837

Claiborne HALL mortgaged his farm and a six year old gray mare, a roal filly one year old, one barn of tobacco, and his stock of cattle to John BAKER.  The firm of GREEN & SLOAN had recovered a judgment for $75.87 against Claiborne which was stayed by BAKER as security. 

Smith county, Tennessee Circuit Court Minute Book G, page 419

Elijah TONEY, James R. TONEY, and Allen G. WATKINS vs. Claiborne HALL for a debt of $31.76.  Summons was issued to HALL and judgment was made by confession in favor of the plaintiffs.  No goods of chattels of defendant was found in county and a levy was placed on his real estate.

NOTE: I believe Elijah TONEY is the brother-in-law of Claiborne HALL.  I have researched him.  He was born in 1786 in Buckingham Co. VA, the son of Alexander TONEY and Ann ASHLINE.  Elijah TONEY was a newspaper editor in Kentucky before coming to Carthage.  His first wife was Mary RUCKS, daughter of Rev. Josiah RUCKS.  After her death, he removed in 1834 to Jackson County, Alabama.  There is a court record in Smith Co. Chancery Court in which his daughter Elizabeth, wife of Pleasant CORNWELL, sues TONEY.  In this court record, she states Elijah TONEY ran off to Alabama in 1834 with two base women, sisters by the name of  HALL.  Other records identify these women as Jane HALL and Sarah C. HALL.  I suspect they are Claiborne HALL’s sisters!  The record states that Elijah TONEY had 3 children by Jane HALL and then after her death he married Sarah C. HALL and had a daughter.  Note Sarah C. TONEY was born in Georgia per 1850 and 1870 census records about 1805 – 1808.  This may indicate a possible residence for Thomas HALL in Georgia during that period. 

Smith County, Tennessee  Loose Chancery Records, File 1175, Box 23, on microfilm at Tennessee State Library and Archives, Nashville, filed 1847

Deposition of Elizabeth A. CORNWELL.

Her father Elijah TONEY after the death of her mother about 1834 took up with two base women sisters by the name of HALL & left the state & went to Jackson County, Alabama where he now resides, living in open adultery with one of sd women, the other having died & by one of them has 3 children by the other one child.

14 June 1840     Smith County, Tennessee Deed Book P, page 317

Whereas at the December Term 1837 of this Circuit Court of Smith County the tract of land on which Claibourn HALL then resided was condemned, and ordered to be sold to satisfy two judgements against him in favor of TONEY, son, and WATKINS and whereas at the sale made by the Sheriff said James R. TONEY became the purchaser of said tract of land, holding therefore the amount of said judgements and costs of suits and whereas also since said sale the said Clabourne HALL and James R. TONEY have settled the whole matter of said judments (sp) and no deed has been made by said Sheriff upon said sale, Now this Deed made this fourteenth day of June Anno Domini Eighteen hundred and forty between said Clabourn HALL and James R. TONEY witnesseth that for the consideration of one dollar to said TONEYin hand paid by said HALL, the said James R. TONEY has transferred, released, assigned, and set over to said Clabourn HALL said tract of land bounded as follows on the south by Samuel HIGH, on the west by Thomas WEATHERFORD, on the north and east by John BAKER and being the same whereon said HALL at present resides lying in Smith County and containing thirty three acres more or less.  To have and to hold to said Clabourn HALL, his heirs, & assigns forever in as full and ample a manner against said TONEY and his heirs as if said tract had not been condemned & sold as aforesaid the said TONEY hereby warrants the title against himself, his heirs, and all claiming in ??? and against the claim of any other person.  In testimony whereof said James R. TONEY hath hereunto set his hand and seal.

                                                                                    James R. TONEY

In presence of Will HART, Henry W. HART. 

Acknowledged 15 June 1840 by James R. TONEY before John J. BURNETT, Clerk of Smith County.                   

1840 U.S. Census, Smith County, Tennessee, National Archives micropublication M704, Roll 523, page 228, line 1

Claiborne HALL         1 white male under age 5; 3 white males ages 5 and under 10; 1 white male 40 and under 50; 1 white female 10 and under 15; 2 white females 15 and under 20; 1 white female 20 and under 30; 1 white female 50 and under 60.