Bill of Complaint:  Aaron Swafford
Re: Heirs of Aaron and Elizabeth (Howard) Swafford

A Copy of the Original Provided by:
Carolyne L. Knight, Director
Bledsoe County Public Library
Certified Public Library Manager
Tennessee Certified Archives Manager
P.O. Box 465
Pikeville, TN 37367

Original Transcribed as Written
by Mary Fern Souder, PhD
10 January 2023

To the Honorable T. Nixon Van Dyke Chancellor
for the 5th Chancery division of Tennessee presiding in the Chancery
Court held at Pikeville, Bledsoe County Tennessee~
The Bill of Complaint of Benjamin F. Bridgman
a Citizen of Bledsoe County Tennessee —Against (Burrell Lea
and his wife Luhany) Lea formerly Luhany Swafford,
both of Bledsoe County Tennessee; John Lea a citizen of Texas,
Nancy Lea a citizen of Missouri, William Lea, Aaron Lea, Burrell
Lea, Russell Lea, Thomas Lea, and Mary Lea, all citizens of Brad-
ly County Tennessee, the last named Eight defendants being chil-
dren and heirs at law of Elizabeth Lea, now deceased, and
formerly Elizabeth Swafford —also Henry Mizer, Aaron Mizer,
and John Mizer, citizens of California, Elizabeth Miser, Nancy
Mizer and Michael Mizer, all citizens of Arkansas, The all
last named defendants being Children and heirs at law of
Mary Mizer, now deceased, formerly Mary Swafford ~
Humbly Complaining your orator represents to
your Honor, that one Aaron Swafford* died in Bledsoe County
Tennessee in the year 1824, first having made and published
his last Will and testament, by which he gave all of his prop-
erty, Consisting of three negroes and other person property to
his wife Elizabeth during her life or widowhood, directing his executor,
however, to sell a certain portion of his Stock and collect his debts,
and out of the proceeds, to purchase a tract of land for his wife
and children to live upon, giving said land if purchased, and all
the other property as aforesaid to his wife during her life or widow-
hood, and giving to each of his Children a horse Saddle and bridle,
as they Severally Should arrive at full age; and at the death or Mar
riage of his wife all of said property both real and personal to be
equally divided between his several children—Your orator further
Shews (sic) that said Will was duly proven and admitted to record,
And in pursuance of its directions, the executors purchased,
with the effects provided by the Will, a tract of 164 acres
of land lying in Bledsoe County, Tennessee, " Bounded and
described as follows, to wit. Beginning a point in
Page 2
the Centre of Sequachee Creek opposite a white oak, hickory and
double Iron Wood, on the South East bank of said Creek running thence
South 85 degrees, East 113 Poles to Stake and two black oak powties?,thence
North 5 degrees, West 140 poles to a Post Oak sapling in the line of division
between lots No. 4 & 5 Corner to Charles Clarty (sic) 70 acre tract; thence
N 85 ½ degrees West 159 poles to a large Elm another Corner of said 70 acre tract, thence
North 16 degrees West 32 poles to a stake, another Corner of Said 70 acre tract,
thence 40 East 30 poles to a cherry tree, on the South West bank
of Said Creek. An other (sic) corner of Said 70 acre tract, thence down
The center of Sequachee Creek to the beginning.,, Your orator fur-
ther Shews (sic), that the Widow took possession of Said land, and continued in
possession of same, unmarried until in the year of 1857;
that she left no debts outstanding against her and but little or no
personal property; that Since the death of the testator all of the
negroes mentioned in his Will have died, and there is now for division
and distribution amongst the children and heirs of the testator the
above described tract of land and one negro boy some nine or ten
years of age, the offspring of one of the Said negroes— your Orator, further
Shews (sic) that the testator left at his death ten children, to wit. Aaron
W. Swafford, Thomas W. Swafford, John Swafford, James A. (Stingy Jim)
Swafford, Peter W. Swafford, Louhany Swafford who had intermarried with
Burrell Lea, Elizabeth Swafford who intermarried with Robert Lea, Mary
Swafford Married to George Mizer, Nancy Swafford Married to Henry
James, and Sarah Swafford who intermarried with Landy J. Shirley. Your
Orator further Shews that he has purchased and paid for Seven
Shares in tract of land and negro, to wit, the shares of
Adam W. Swafford, Thomas W. Swafford, John Swafford, James A.
Swafford, Peter W. Swafford, Henry James and his wife Nancy, and
Landy J. Shirley and wife Sarah, and taken deed for the
Same which has been duly proven and recorded in the registers
office of Bledsoe County, which deed shall be produced on the
hearing if necessary —Your orator further Sais (sic), that the
defendants Lea and his wife Luhaney (sic) are entitled to
one Share in Said tract of land and negro boy; the defendants
John, William, Burrell, Aaron, Russell, Thomas, Mary, and Nancy
Lea, on one Share in right of their Mother Elizabeth Lea deceased,
Page3:
The defendants Henry, Aaron, John, Elizabeth, Nancy and Michael Mizer
to one Share in right of their mother Mary Mizer Deceased; and your
orator to the other Seven Shares by purchase as aforesaid -your orator
charges that Thomas Swafford, Sen.**, and the widow of the testator Elizabeth
Swafford were the executors appointed by the Will. That they are both
dead, and no administrator has been appointed upon the estate of
the said Elizabeth; that said land is so situated that it cannot be
divided into ten Shares, without injury to the value of the shares
that it is manifestly for the interest of those interested in the
land that it should be sold and the proceed distributed, as well
as the negro, Your Orator further charges, that the persons
named as defendants in the Caption of this Bill are all the heirs
and distributes of the said Aaron and Elizabeth Swafford deceased,
except those whose Shars (sic) your orator has purchased aforesaid,
that the defendants, John Lea, Nancy Lea, Henry Mizer, Aaron Mizer,
John Mizer, Elizabeth Mizer, Nancy Mizer and Michael Mizer,
all non residents (sic) of this state, and that
                                                                                                 are minors
                                                                       (an insertion in the lower r.h. side of page)
who have no regular guardians known to your Orator
                                            The premises Considered your Orator
prays, that the parties, named as Such in the Caption of
this Bill, be made defendants thereto, that process and Copies of
this Bill issue to the resident defendants, and publication
be made as to the non residents (sic), and that guardians adlitum (sic)
be appointed for the Minors; that on final hearing Said tract
of land and negro boy Carroll be sold by a decree of your
Honor. Title Vested, and the proceeds, after payments of the
Costs of the Bill, be distributed and paid to the parties
entitled to the same by order of your Honorable Court,
Or partition made if deemed best by your Honor. And
for all such other further and general relief as is Consistant (sic) with equity and
the rules of your Honorable Court—And as in duty bound- —
                  Frazier & Hyde, Sols for Complainant
Page 4
12 January 1858:
State of Tennessee               Personally appeared before me S. C. Norwood
Bledsoe County                   Clerk Master of the Chancery Court at
                                              Pikeville Bledsoe County, Tenn. Benj. F. Bridgman
The Complainant in the foregoing Bill of Complaint and
Made oath in the due form of Law, that the facts therein
Stated as the nonresident defendants are Just and
True to the best of his Knowledge and belief—
Sworn to and Subscribed before me this 12th of January
1858                                     Benj. F. Bridgman
S. C. Norwood, Clk, SM

A true copy
    S. Clebourne, Cl'

*Aaron "Big Aaron" Swafford, the owner of the above estate, was born in 1774 in Greenville County, SC, and died in 1824 at his family farm in Bledsoe County, TN. He named his wife and his brother, Thomas Younger Swafford as the administrators of his estate.

**According to deed books in the Benton County, AR, courthouse, the daughter of Aaron and Elizabeth Howard Swafford, Mary Polly Swafford Miser "left an Estate in Tennessee." This was well-known among Miser descendants for generations. (My grandmother knew that her grandmother had received a portion of an Estate, and although Grandma knew that she descended from the Swaffords, she didn't know why her grandmother in Arkansas had received the money.)

Also, in the late 1940's or early 1950's my grandmother and her sisters each received money from the estate of a Miser cousin who had died in California. She and her sisters each had enough money to go to town and buy themselves a wrist watch. Wrist watches were an extravagance, sold only in jewelry stores, and farm women never had them. I can still ""see" Grandma's new wrist watch on her wrist. - Mary F. Souder

For additional documentation of the names of the children of Mary "Polly" Swafford who had married George W. (5/4) Miser on 18 October 1826 in Bledsoe County, TN, see page 300 of the (Blue) Miser book. Also see George W. (5/4) Miser Bible records.

*** Thomas Younger Swafford, Sr., (1783-1856), a brother of Aaron Swafford, Sr., served as co-executor of the Estate of Aaron Swafford, decd., along with Aaron's widow, Elizabeth Howard Swafford. Thomas Younger Swafford, Sr., was born 10 March 1777 in South Carolina, and died 2 November 1856 in Bledsoe County, TN. He married first Matilda Howard (a cousin of some degree) and had ten children. The couple moved to Monroe County, MS, but returned to the Sequatchee Valley, Bledsoe County, TN. After the death of Matilda Howard Swafford, Thomas married second Elizabeth Nichols (1788-1879) and had four more children. In 1850 Thomas Younger, Sr., owned ten slaves. It was his second wife, Elizabeth (Nichols) Swafford who was enumerated on 1860 and 1870 census records in Bledsoe County, TN.

**** Abraham Swafford, brother of Aaron Swafford, was born 10 October 1772 in Greenville County, TN, and married Jane Howard, likely daughter of Peter Howard and Sarah Portman. Their son, Portman "One Arm Port" Swafford, was born 5 Feb 1816 in Greenville County, SC, and died 9 Aug 1911 in Riceville, McMinn County, TN.

***** Aaron A. Swafford, commonly called "A." or "Uncle A." Swafford, son of James A. "Stingy Jim" and Elizabeth Howard Swafford, was killed in 1892 during the continuation of a longstanding and bloody feud with the Tolletts. Sheriff F. M. Knight investigated the incident which was reported in several newspapers, including "The Chattanooga Republican on 19 November 1892. An account of the feud can be seen under "Murder in Bledsoe," Swaffords of Sequatchie Valley, Volume 2, 3rd edition, Ray C. Swofford, p. 664-668.