Notes:
recorded in Deed book X-page 432
State of Tennessee
Claiborne County
Personally appeared before me Thomas J. Johnson, clerk of the county Court of said county John M Vanbebber, on the 24 December 1855, and S. M. C. Bowman on the 11 day of February 1856- the two Subscribing witnesses to the within agreement, who after being sworn depose and say that they heard Jesse Rogers, David F. Rogers and Stephen Cawood acknowledge the execution of
the within agreement for the purpose therein contained upon, the day it bears date.
Given under my hand and dated at office in Tazewell, this 11th day of February 1856
Thomas J. Johnson
Clerk
Where as Jesse Rogers & D. F. Rogers lately recovered by the judgment of the Circuit Court of Claiborne County affirmed in the Supreme Court at Knoxville three sixths of a certain tract of land in said county of Claiborne, being the same where on Stephen Cawood now lives, and where as one share of said land is claimed by said Plaintiffs Jesse & D. F. Rogers by purchase from David W. Rogers who is tenant by the curtesy and the said Cawood owns the reversion in the land after the life estate of the said David W. Rogers, and where as the said Plaintiffs claim the recovery of misue profits which the said Cawood resists on the ground that the mother of the said Cawood by the last will & testament of his father Steven Cawood the elder (smug) to have her subsistence during life charged upon said land and that the said charge is sufficient to absorb the rents and profits. Now in consideration of the
premises and of the several difficulties being between the said Jesse & D. W. Rogers of the one part & Steven Cawood of the other, that the Steven Cawood here by releases & quite claim to the three sixths of said land recovered in said suit to the said Jesse & D. F. Rogers their heirs & assigns for ever and the said Jesse & D. F. Rogers release & quit claim to the said Stephen Cawood the other three sixths in said land to hold to him & his heirs forever and they do further agree to & do herby release to him the said Cawood all damages misue profits arrearages of rents and causes of action relative there
to and in any wise growing out of said tract of land or the use and occupation there of by said Cawood or any other person up to this date, and they further agree not to take possession of the said share of land recovered as a fore said until the first day of December next, at which time the said
Cawood agrees that he will without any compulsion or legal process, admit them into a quiet possession with himself until which time said Cawood is to use the land for his own benefit & to save his present growing crop without accountability to said plaintiffs, there for he undertaking to do no
permanent injury in said time.
seal
seal
seal
and the said Cawood agrees to take the care and expense of the widow & subport her without letting the said Jesse & D. W. Rogers be at any expense on any wise encumbered with her future subport or in any wise troubled in the premises on her account during the remainder of her life.
Witness our hands & seals this 12th day of October 1855.
Attest
J. M. Vanbebber
S. M. C. Bowman
Jesse Rogers (seal)
D. F. Rogers (seal)
Stephen Cawood (seal)
Filed in my office the 23rd day of
September 1856- at 2 O`clock P M
and registered the same day
David Cardwell register
for Claiborne County
(As you can see the last paragraph was added after the three seals were
written on the page. Jesse & David F. (sons of Major David) wanted to make
sure they would not be held responsible for Stephen Cawood`s mother.) (My note 2/14/05 - it`s clear it`s Stephen`s widow - not mother)
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