Thomas SCRIVNER ²

  Research Notes:

I am indebted to Doris Scrivner Collier for most of the information on Thomas Scrivner and his family contained herein. Additional information on subsequent generations is included in Doris's book. Doris notes, however, that the listing of children is based on strong circumstantial rather than direct evidence. (It should also be noted that Doris often supplies interesting individual narratives in her book, which supplement the basic genealogical data.) Since this is not my direct line -- that being through Benjamin and Mary (Cox) Scrivner -- my research has been contributive only with respect to some records of Smith County, Tennessee. See Events for Thomas Scrivner and also his son, Jonathan. Perhaps I will be able to contribute something more when I've had an opportunity to research the records of Rowan County, North Carolina and of Pennsylvania, where both Thomas and my Benjamin lived. Given my experience in following in the footsteps of Doris, however, I do not expect to find much new. Still, I intend to make the effort.
³

  Noted events in his life were:

1. Deed: 1811, Smith County, Tennessee. ⁴

Dated 16 Jan 1811, Registered 23 Jun 1811, Vol. D:47
William Kavanaugh to Thomas Scrivner, $823.75 for 250 acres on Hilton's Creek and part of a tract originally granted to Thomas Middleton. Metes and bounds desrcription references John McVay's corner. Witnessed by Isaac Moore and Jos. Collins. Deed acknowledged in open court at June term 1811.

2. Deed: 1811, Smith County, Tennessee. ⁴

Dated 27 Feb 1811, Registered 22 Jun 1811, Vol. D:36
John McVay to Thomas Scribner, $240 for tract on Hilton's Creek. Proven at Jun 1811 term by witnesses, Wm Kavanaugh and John Stiles.

3. Court: 1812, Smith County, Tennessee. ⁵

3 Jun 1812, Page 145
Thomas Scrivener was a juror in the case of William S. Brand vs. Jonathan B. Robertson.

3 Jun 1812, Page 146
Thomas Scrivener was a juror in the case of John Overton vs. John Looney.

3 Jun 1812, Page 150
Thomas Scrivener was a juror in the case of State vs. Green Burow.

4. Court: 1816, Smith County, Tennessee. ⁶

15 Feb 1816, Page 92
Thos Scrivner and Thomas Finley gave oaths as witnessess to prove deed from James Maney to James Malone.

5. Deed: 1816, Smith County, Tennessee. ^{6 7 8}

15 Feb 1816, Page 93 [see first two sources]
James Malone to Thomas Scrivner, 100 acres. Acknowledged in open court and ordered to be registered.

Dated May 1816, Registered 9 Dec 1816, Vol. E:396 [see third source]
James Malone to Thos. Scrivener, $75 for tract on Hilton's Creek. Metes and bounds description references James Simm's south line and Robert Malone's NE corner. Witnessed by Thos Finley and James Stines. Acknowledged in open court at May term 1816.

[Notwithstanding the differing dates regarding when the deed was acknowledged in open court, I suspect these entries refer to the same deed.]

6. Deed: 1816, Smith County, Tennessee. ^{7 8 9}

15 Feb 1816, Page 94 [see first two sources]
Thomas Scrivner to James Dobbs. Acknowledged in open court and ordered to be registered.

Dated 13 May 1816, Registered 3 Sep 1816, Vol. E:352 [see third source]
Thomas Scrivener to James Dobbs, $60 for 30 acres on Hilton's Creek. Metes and bounds description references William Malone's corner. Witnessed by James Malone and Thomas Finley. Deed acknowledged in open court at May term 1816.

[Notwithstanding the differing dates regarding when the deed was acknowledged in open court, I suspect these entries refer to the same deed.]

7. Court: 1820, Smith County, Tennessee. ^{7 10}

14 Feb 1820, Page 165
Thomas Scrivner vs. Peter & Elizabeth Burton.
Petitioner was released from his suretyship. Defendants were administrators of Estate of Elijah Ditts, Dec'd.

8. Court: 1820, Smith County, Tennessee. ^{7 11}

18 May 1820, Page 355
Thomas Scrivner vs. Isaac Moore
Cause of action unknown. This entry seemed to involve a motion by defendant to abate the suit. Court ruled law favored defendant and the suit was abated, with defendant to recover costs from plaintiff. Plaintiff appealed judgment and posted bond to prosecute suit.

9. Census: 1820, Smith County, Tennessee. ¹²

Family 1870
Scrivner, Thomas:
1 male over 45;
1 female 10-16, 1 female over 45

[Note: Although the 1820 census is partially alphabetized, it may still be a good indicator of how close the various Strongs and Scrivners lived to one another.]

10. Court: 1822, Smith County, Tennessee. ¹³

15 May 1822, Page 591
William Neal vs. Thomas Scrivner
Seemed to involve an appeal, expressed as a certiorari, of an earlier case. Defendant stated he had no interest in pursuing matter. Court ordered plaintiff to recover $21, the amount of the judgment by the J.P., with interest from 22 Dec 1820, and costs.

11. Court: 1822-1823, Smith County, Tennessee. ¹³

State vs. Jonathan and Thomas Scrivner

Involved an alleged assault and battery by Jonathan and Thomas Scrivner against James and John J. Wright. Thomas admitted guilt and received a small fine. Jonathan went to trial and was found not guilty. [Note the Circuit Court case, Scrivner vs. Wright, from 1823 to 1824. It was undoubtably related to this assault and battery case.]

14 Aug 1822, Page 34
Grand Jury presented a bill of indictment against Thomas Scrivner and Jonathan Scrivner for an assault and battery committed on the body of James Wright and John J. Wright.

16 Aug 1822, Page 51
State moved that James Wright pay the cost of prosecutions, since grand jury indictment was not a "true bill". [Presumably this meant the State declined to present the case to the grand jury.]

9 Nov 1822, Page 107
Thomas Scrivner admitted guilt and put himself upon the mercy of the court. Fined $0.50 and assessed cost of prosecution.

8 Feb 1823, Page 194A
James Malone and William Malone gave security of $50 each to secure future appearance by defendant, Jonathan Scrivner. James Wright, prosecutor (since it was not a true bill), also provided security of $100 to assure he would appear to prosecute the case.

13 May 1823, Page 281
Defendant was arraigned and pled not guilty. Jury found defendant not guilty. Costs assigned to James A. Wright.

13 May 1823, Page 282
Since James Wright did not appear to prosecute as he was bound, Court ordered his security to be forfeited.

12. Court: 1824, Smith County, Tennessee. ¹⁴

24 Aug 1824, Page 134B
Thomas Scrivner vs. Robert Nixon and Edmond C. Cheatham
Plaintiff was owed $14.40 plus interest from 12 May 1824. Constable levied on 50 acres of land owned by defendant Cheatham on Caney Creek at mouth of Holmes Creek. Court ordered land sold to satisfy plaintiff's debt and costs.

13. Estate Administration: 1825-1827, Smith County, Tennessee. ^{8 13 14 15}

Appointment of Administrator, 22 Aug 1825, Page 353 [see first source]
James Malone appointed administrator of the Estate of Thomas Scrivner, Dec'd. Posted security bond, with William Malone, of $1,600.

Report of Commissioners
14 Sep 1825, Page 309 [see second source]
3 Mar 1826, Page 500 [see first source]
Rendered July Term 1826, Recorded 11 Apr 1826 [see third source]
Report of James Goodner, John Wafford and Willis Whitley, commissioners appointed to lay off and set apart one year's provisions for the widow and family of Thomas Scrivner, Dec'd, of action taken on 14 Sep 1825. Said provisions consisted of eight head of hogs, thirty-five barrels of corn, two barrels of wheat, one choice cow, one choice hen stand and all the garden vegetables it contains, four bushels of Irish potatoes, and $20 for purpose of laying in sugar, coffee and salt.

Inventory and Accounting of Sale
28 Nov 1825, Page 414 [see first source]
Rendered Nov term 1825, Recorded 2 Jan 1826, Page 293 [see third source]
The administrator of the Estate of Thomas Scrivner, Dec'd, rendered into court an inventory and accounting of sale. Ordered recorded.

Inventory Sale Details:

1. Family members who were purchasers were Susanna Scrivner, widow of Thomas, Jemima Scrivner Finley, daughter, Tho Finley, son-in-law, and Jonathan Scrivner, son. Other purchasers were as follows: Thomas Wood, James Sims, Laurence Payne, James Askew/Asken, Leonard Clark, Benjamin Hardwick, Elijah Fautch, Grogan Harper, Haling Newson, Willis Alman, Roberth Malone, John Osburn, Samuel Oakley, Wilber Whitley, Henry King, Nehimiah Payne, John Price Augustine Robinson, John Price, James Garrison, Randolf Sonderlin, Jno Deadman, William Fautch Jr, Capt. Fautch, William Fautch, James McCormick, Tho Terry, Solomon Davis, Josiah Harper, Leonard Fry, Ephraim Clark, Sterling Newson, Jno Foutch, Isaac Willoughby, James Jones, Danl Chapman, Archd McIntire, Nathan Briggs, Jno J. Pelton, Peter Burton, Anthony Walk, Geo Thomason, Willis Whitley, Allatha Finley, Kidd B. Finley, William Malone, Robert Malone and David Briggs. [Of interest to me is that, except for Laurence Payne, no member of Benjamin Scrivner's family was a purchaser, nor were any members of the Strong families who lived in the same vicinity.]

2. Jemima Finley purchased among other things the family bible for $3.00. [Query whether it has survived to present day.]

3. The most valuable asset was a slave named Peter, who was sold to Elijah Fautch for $240.

4. The inventoried assets indicate Thomas was prosperous. Besides the usual hogs, sheep, cows, ducks, wheat, oats, corn and potatoes, the inventory and trade notes show he had 2000 pounds of cotton and had sold 1000 wt. of tobacco and 13 gallons of whiskey.

5. His prosperity is also shown by the notes and judgments inventoried in his estate. There were notes on Thomas Finley, Jonathan Scrivner, Benjamin Moore, Line Herod, Nancy Mal, William Fautch, John Carney, Elijah Chapman, Moses Scrivner, William Malone and Elijah Fautch. There were judgments against David Garriston, George Thomason and Robert Nixon. In additon, there was a list of other trade and personal notes that were expected to be uncollectable due to death or insolvency, including notes on Joseph Edmonds, Rise Cobs, Enos Allen, Jesse Gram, James Adams, Talbot Arthur, Josyh Wallis, Thomas Adams, Samuel Walker and Matthew Allen (reputed to be a forged note).

Settlement of Estate, Dated 6 Feb 1827, Recorded 27 Apr 1827, Page 462 [see third source]
James Malone, administrator, and James Goodner, Stewart Dops and J. M. Coffee/Coffen gave the following accounting:

Amount of sales: $768.11
Good notes and judgments: $195.71
Subtotal: $964.52
Vouchers and expenses: $323.19
Balance: $641.33
(Plus cash and trade notes on persons supposed dead or insolvent: $325.75)

Thomas married 1st Mrs.Thomas Scrivner.²

Thomas next married Susannah on 29 Sep 1779 in Salisbury, Rowan County, North Carolina.² (Susannah was born in 1744 ².)