knoxcotn

knoxcotn-digest Thursday, March 22 2001 Volume 01 : Number 134

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Date: Wed, 21 Mar 2001 12:12:22 -0500

From: "ball2mm" <ball2mm@email.msn.com>

Subject: Re: [KnoxCoTN] Chism, Chisholme or Chisum?

> There was a Chisholm's Tavern someplace. The surname was spelled a

variety of ways in Hawkins

> County. I'm doing this from rusty memory...someone else probably knows

more about it.

From my rusty memory also - When Neyland Drive was being constructed, it was

necessary to move the old Chishom's Tavern after having being neglected for

years. It was going to be demolished and a group of concerned citizens

moved it from the bank on what I think was Hill Avenue to the site which was

to be White's Fort (now). Robert McGinnis may respond with better

information, please.

Marilyn Moser Ball

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Date: Wed, 21 Mar 2001 13:24:00 -0500

From: Patty Brock <rocky2@fuse.net>

Subject: [KnoxCoTN] Clapps Chapel Cemetery question

I hope that someone with knowledge of the Knoxville area can help me. I

have an ancestor that is buried in Clapps Chapel cemetery that is

supposed to be 14 miles north of Knoxville. What town or city would this

be and how can I find out more.

Thanks,

Patty Brock

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Date: Wed, 21 Mar 2001 13:44:10 -0500

From: "Billie R. McNamara" <knox@tngenweb.org>

Subject: Re: [KnoxCoTN] Clapps Chapel Cemetery question

Patty -- Clapp's Chapel is kinda on the line between Knox and Union

Counties. You go northeast of Knoxville, toward Union County, and you hit

the right area.

At 01:24 PM 3/21/01 -0500, Patty Brock wrote:

>I hope that someone with knowledge of the Knoxville area can help me. I

>have an ancestor that is buried in Clapps Chapel cemetery that is

>supposed to be 14 miles north of Knoxville. What town or city would this

>be and how can I find out more.

>Thanks,

>Patty Brock

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Date: Wed, 21 Mar 2001 15:22:35 -0500

From: "Billie R. McNamara" <knox@tngenweb.org>

Subject: [KnoxCoTN] A bit of TN law...

Found these in an 1813 TN Supreme Court decision today and thought I'd pass

them along...

=======================================

...there was no law in force authorizing powers of attorney to be

registered. The first law that passed on that subject was in 1805.

...the general registration law passed in 1807 required all deeds, powers

of attorneys, &c. to be proved by two at least. ...The same Act requires

that it should be registered in the "county or counties" where the land lies.

... It would seem to be a fair construction of this clause, that the power

of attorney should be registered in every county where any of the land lies.

...the Act of 1811 recognized the registration of powers of attorney and

other instruments of writing, where they had been before acknowledged

before any judge, mayor, &c.

...The Act of 1809 requires all deeds, powers of attorney, &c. to be

registered in the county where the land, or a part thereof, lies. This is

considered as clearly dispensing with the necessity of a registration in

every county.

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Date: Wed, 21 Mar 2001 17:19:56 -0500

From: "Billie R. McNamara" <knox@tngenweb.org>

Subject: [KnoxCoTN] Age of consent for marriage in 1849

Decision in THE GOVERNOR, for the use of SMITH v. RECTOR AND RYLAND,

September, 1849, by the TN Supreme Court included this tidbit:

HEADNOTES: MARRIAGE--AGE OF CONSENT--CONSENT OF PARENTS. In this state a

marriage entered into by parties of the age of consent, fourteen years for

males and twelve for females, is valid, without the consent of parent or

guardian. [ Acc. Warwick v. Cooper, 5 Sneed, 660, citing this case.]

Is the want of consent of the father to the marriage of a child under the

age of twenty-one years, lawful cause to obstruct, or nvalidate, the

marriage? We think not. The principle of the common law upon this subject,

remains unchanged in this State. By the common law, males at the age of

fourteen, and females at twelve, were competent to enter into the marriage

relation, or, in the

language of the books, were of the age of consent. And if the parties

themselves were [**7] of the age of consent, there wanted no other

concurrence to make the marriage valid; and this was agreeable to the canon

law. 1 Bla. Com. 436, 437.

If a boy under fourteen, or a girl under twelve years of age, marries, such

marriage is only inchoate, and imperfect; and when either of them reaches

the age of consent, he or she may disagree and declare the marriage void,

without any divorce, or sentence in the spiritual court. But, if at the age

of consent the parties agree to continue together, it is so far a marriage,

that they need not be married again. Id. The common law so remained until

the 26 George 2, ch. 32, which enacted that all marriages celebrated by

license, [*62] without the consent of the father, or, if he be dead, of

the mother, or guardian, shall be absolutely void.

This statute, which never was in force in this State, was repealed by the 4

George 4, ch. 76. And although the 16th section of the statute re-enacts

the like provisions in respect to the consent of parents and guardians,

except that it does not declare the marriage void, yet it is held to be

only directory, and the want of such consent does not affect the validity

of the marriage. See 1 Stephens

N. [**8] P. 16; 8 B. and C. 29.

The only provision we find, in the legislature of North Carolina or of this

State, upon this subject, is contained in the 6th section of the Colonial

act of 1741, ch. 1, which directs that the clerk shall take bond, with

security, in the penalty of fifty pounds, that there is no lawful cause to

obstruct the marriage; and in case of minors, if not heretofore married,

the consent of the parent or guardian

shall be personally given before the clerk, or signified under the hand and

seal of the parent or guardian, attested by two witnesses. And, by a

subsequent clause, the clerk was subject to forfeit fifty pounds, if a

license were issued contrary to said act. This requirement of the act of

1741, in respect to the consent of parents, is wholly omitted in the act of

1778, ch. 7, and is repealed

thereby. But, were it otherwise, the 6th section of the act of 1741, is

merely directory to the clerk, and could not in the slightest degree affect

the validity of the marriage for want of such consent.

It follows, therefore, that, in this State, a marriage entered into by

parties of the age of consent, though under the age of twenty-one, is

valid, without the [**9] consent of parent or guardian.

[*63] 2. Whether upon the facts alleged in the third count of the

declaration, the plaintiff might not maintain the common law action for the

loss of services of his daughter, is a question that does not arise upon

this record.

If his right to do so were conceded, it is very clear that he could not,

for that cause maintain an action upon the license bond, because, upon the

facts set forth in the declaration, the law regards the female as "the

party grieved," and she alone is entitled to recover the penalty.

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Date: Wed, 21 Mar 2001 22:01:58 EST

From: RMcgi81640@aol.com

Subject: Re: [KnoxCoTN] Chism, Chisholme or Chisum?

Nope,

I do not have the building called Chisholm's Tavern at the Fort site. The

building in question was not even the original tavern but was constructed in

the 1830's a the location on Front Street. Some of the wood work was removed

and incoropated in the restoration of the Craighead Jackson House on State

Street, but the majority of the building was razed to the ground and hauled

away,

Robert McGinnis

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Date: Thu, 22 Mar 2001 13:59:21 -0500

From: "Billie R. McNamara" <knox@tngenweb.org>

Subject: [KnoxCoTN] Alice Bell Baptist Church

Isn't someone on our list a member? If so, I've got a nosey question --

please e-mail me off the list....

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Date: Thu, 22 Mar 2001 16:36:29 -0500

From: "Billie R. McNamara" <knox@tngenweb.org>

Subject: [KnoxCoTN] Did you know John Painter died?

You may or may not recognize John Painter's name, but you should.

Following is from the Associated Press:

The man recognized as the nation's oldest veteran, whose life took him from

the hills of Tennessee to the front lines of France and back again, has

died [March 1] at the age of 112.

John Painter fought World War I with horses, then shod them as a blacksmith

when he got back home. He died Thursday of a heart attack at his home in

the north-central Tennessee community of Hermitage Springs.

He enlisted in the army in 1917 and his war service included leading

horse-driven ammunition wagons to the front lines of World War I.

"He should be best remembered for having a long, rich life," said Wendell

H. Gilbert, commissioner of Tennessee's Department of Veterans Affairs. "He

served his country with great distinction. He was a very patriotic American."

A representative of the Bush administration was expected to attend Sunday's

funeral, along with Gilbert and members of both Tennessee's congressional

delegation and General Assembly. Gov. Don Sundquist also may attend.

"I commend our friend, John Painter, for his lifetime of loyalty and his

faithful service to our country and the state of Tennessee," Sundquist said

in a release. "He will be truly missed."

The U.S. Department of Veterans Affairs said Painter was believed to be the

nation's oldest surviving veteran.

Painter's longevity earned him various honors, including France's Order of

the Legion of Honor - that country's highest honor. Only five other

Tennesseans have received the award.

The governor last year declared Painter's 112th birthday as "John Painter

Day" in Tennessee. The veteran received more than 500 birthday cards that

year from VA employees across the nation who heard about the milestone over

the Internet.

"He was very special. Everybody loved him," said Patsy Green, wife of

Painter's grandson, Dannie. "He was an inspiration to everybody."

Painter was born Sept. 20, 1888, and grew up working as a blacksmith and

farmer in the Keeling Branch community of Jackson County. He and his

brother enlisted in the army together and were sent to France.

The brothers were discharged in 1919. Painter returned to blacksmithing in

Jackson County and soon married his childhood love, Gillie Watson. The

couple had two daughters before she died in 1989.

Painter was living with his grandson, Dannie, at the time of his death.

Patsy Green said he liked to chew tobacco, walk and play with the family's

children.

Painter ate six eggs a day, two slightly scrambled with each meal. He also

ate a bowl of Rice Krispies with each meal.

Patsy Green said Painter rarely spoke of his experiences at war, but he

treasured the awards he was given through the years.

"He was proud of anything anybody gave him," she said. "But he was a giver.

He lived to give. If he'd been a millionaire, he would have given it all

away."

Painter is survived by a daughter, Doris Potts of Mount Juliet; sister,

Stella Botts of Florida; six grandchildren; eight great-grandchildren and

five great-great-grandchildren.

Visitation will be held Saturday and Sunday at the Phillip Anderson and Son

Funeral Home in Red Boiling Springs.

A funeral is scheduled for 2 p.m. Sunday at the funeral home. Burial, with

military honors, will be held at the Hermitage Springs Cemetery with the

Sons of Confederate Veterans officiating.

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End of knoxcotn-digest V1 #134

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