Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1875-07-07
CRIMSON WITH CRIME.
An Extraordinary Suit Pending in the
Chaneery Court.
A Title to Land ObScured Through the
Consequences Of Imiquity.

A very remarkable contest for the title
to a small tract of land, lying beyond the
river and just below this ,ity, is now going
on in the Chancery Court Of this county.
The case Was argued few DAYS ago and is
now under aayisenent Of the Court. Il is
Of most complicated character and derives
considerable public interest from its con-
nection win some of the darkest crimes
attending the close OF the late civil war.
In 1854 The Federal stock cOrrals here
were in charge Of Henry Bruner, who had
under him, as night Waterman, deserter
from the Confederate army named j. III.
Garrett. Through the agency Ct Dinah
Carter, an old negro p-Ucuress, BruEer
lived for about two years III criminal in
timacy with young girl named Nyrs
Thomas. Before leaving Nashville lie gave
Dinah Carter considerable sum Of money,
with which she bought the piece Of LAIRD
referred to from two well known citizens
and had it decided to herself At Burners
direction she conveyed the title TO Myra
Thomas, who was then only sixteen years
old.
Afterwards Garrett took the girl to Sum-
ner county aud married her. They lived
there four or five months aud came back to
the place which had been bought with Bru-
ner's money. Thu young woman soon left
Garrett, however, and returned to live with
Dinah Carter, filing a bill for divorce.
Within day or two Garrett followed with
pistol, and, on entering the house where
his wife was, and at first sight, fired upon
he and shot her six times before stopping.
After the murder he was arrested, but
was allowed 10 give bail. He made a
power Of attorney 10 Que Montgomery to
sell the place in question, instructing him
ID use the proceeds for the payment Of bis
debts, and then fed the country fOrfeiting
his bond. His bondsmen lost nothing,
however, as some defect was discovered in
the bond, rendering it worthless.
Within about sixteen months MOntGOm-
cry executed the power Of attorney, con-
signing the land to EnOch Cunningham.
Upon this state of facts the litigation
| commenced in 1871. The question is, TO
whom does the title rightfully belong? The
\ first bill was fled by Dinah Carter against
| Cunningham, Garrett, Montgomery, BTu-
ner and the unknown heirs Of Myra
| Thomas, alleging that complainant owned
| the land, that she had paid the money foI
| it and that Myra Thomas had obtained the
deed from her by fraud. But, afterwards
she denied these allegations in an affidavit
! A cross bill and answer was fled by the
next Of Bin TO Myra Thomas, claiming The
property as inheritance from her, she hay,
ulg no lineal defendants. 1t is a fact
however, brought out in the proof, thai
| MyTa Thomas was an Legitimate child
| and that her mother, Elvira Sewer, had Z
number of legitimate children, to wit: the
claimants under the cross bill and answer
Enoch Cunningham filed his answer
| holding that his title was good, because
| Myra Thomas was al illegitimate child
| and alleging that Garrett was her Lawful
| husband, and that she died intestate anC
without issue.
Burners widow and children hled al
swers, claiming the property as resulting
| trust 10 them, alleging tat 1t was not glf
to Myra Thomas.
The half brothers and sisters Of the lat
ter, in an amended crOss-bill, claim tia
the marriage between Myra Thomas anJ
Garrett was void, because he was within
the third degree 4 negro. The proof abOu
the pedigree is exceedingly conflicting, bu
it is established that he was tainted wit
negro blood. This We understand to have
been the cause Of his wife separating iron
him.
The counsel IN the case are I. 3
| McClannahan for Dinah Carter, Judgj
| McHenry and Thomas VI. Steger for Gun
| ninghan, ex- Gov. Neil 5. Brown and 4
q. Jones for the Burners, and Judge Eas
and ) J. Henderson for the half brother
and sisters of Myra Thomas.