Individual Details

Rowan Co NC DB 10, p.4 26 Oct 1784. William Haden to daughter Sally Merrell for natural effection negro girl Dinah & boy Henry. At her death to be divided among her children. Wit: Tho. Frohock, Dugless Hadin. Proved Nov Court 1784.

A case came before the Supreme Court of Errors and Appeals of Tennessee in January of 1822. Sally Merril & others v. Johnston, Parchment, & others.
In 1784, William Haden, father of complainant Sally, then a married woman & wife of William Merrill, conveyed by deed of gift dated 6 October, to the said Sally for her life, two slaves, Dinah and Harry, and after death the said slaves and the increase of Dinah to Sally's children. [Deed recorded in Rowan Co NC DB 10, p.4]
William Merrill departed from his family, for parts unknown, about ten years ago, before the filing of this bill [Sally was head of household as early as 1810] and has not been heard of since.
The defendants got Milly, daughter of Dinah, without Sally's consent and said Milly while in possession of Johnston had three children, Dinah, Randal & Dicy which he sold to Parchment, except for Dinah. Milly has had another child, age and name unknown. The defendants are in slender and declining circumstance and said Parchment has it in view to move the said slaves out of the state. The complainants want security to deliver up the slaves upon the death of Sally so to be equally divided among her children, the other complainants.
Johnston stated the complainant Sally was his mother-in-law and had intermarried with William Merrill sometime between 1770 and 1780. The negroes, Dinah and Harry, were given by William Haden to his son-in-law upon the marriage, as an advancement. During the Revolutionary war, his father-in-law became indebted and to avoid payment of his debts, the deed of gift of 1784 was made out. He further stated that when he married his wife, Margaret, he was given Milly as an advancement by William Merril, it being a fair proportion of the slave property of his said father-in-law at the time of the marriage in the year 1800. He admits the sale to Parchment.
Parchment, stated that in March, 1815, he purchased Milly, Randal & Dicy from Johnston, believing him to be the true owner; he gave a bond to make title to a tract of land in Lincoln county and consideration for the purchase. The bond is still in the hands of Johnston. As a bona fide purchaser he expects to be protected by the court.
The deed of gift of 1784, satisfactorily proved, must regulate the property in the slaves Dinah and Harry and in Dinah's increase. They were given to complainant Sally Merril during her life and after her death to her children. Her life interest, the husband William Merril had the right to dispose of it and he made a valid dispostion of Milly by giving her to Johnston. This action was good only to the extent of Merril's power - only for and during the life of his wife. Parchment admitted the consideration of his purchase was not paid, only secured to be paid so he does not have title. The bill must be dismissed with costs to complainant Sally, she having no interest in the negroes. But as to the children, the bill must be retained and they must have security that the negroes will not be removed out of this state or that they may be forthcoming upon the expiration of their mother's life estate. They are entitled to equitable relief. Since the value of the slaves is unknown, the court cannot say in what sum the defendants should be bound. Reference is made to the clerk to ascertain their values and report. Decree accordingly.
Reporter: 9 TN 71

Unfortunately the above court case did not list the origin of the lower court., nor did it give the first names of Johnston and Parchment. However, Timothy Merrill, with an older woman in his household, lived in Carroll Co, TN in 1830. The 1830 census of Carroll Co TN did give a few hints of possible names for these men. Timothy Merrill was listed on p.155. Jesse P. Parchment was the only man named Parchment living in Caroll Co at this time - was his middle name Philip? Timothy Merrill was age 50-60 [actually age 52] in 1830 - the other two were aged 40-50.

A Merrill descendant was able to obtain more information on the above court case from the Gordon Browning Museum & Genealogical Library in Carroll Co, TN. I have a copy of one page of the case which names what is obviously the children of William & Sally.
The case was heard in Nashville, the 3rd Monday, 21 Jan 1822.
Timothy Merreill, etc., Complts
vs
Philip Parchment & John S. Johnston & wife, Defendants
On 3 Aug 1815, the following bill of complaint was presented in the Supreme Court of Errors & Appeals for the 4th Judicial Circuit. Complainants were Salley Merrill; Timothy Merrill; Henry Billings & Betsey S., late Betsey S. Merrill; Herod Seat & Jenny his wife, late Jenny Merrill; Douglass Merrill; Peter Cowan and Polly his wife, late Polly Merrill; Samuel Merrill; Peter L. Pritchett & Sensy his life, late Sensy Merrill. Defendants were John S. Johnston and Margaret his wife and Philip Parchment. Sally Merrill was the daughter of William Haden of Rowan Co North Carolina and had married a certain William Merrill.

Birth	Abt 1758
Marriage	Bef 1778	William Merrill

Spouse	William Merrill (1754 - )
Child	Timothy Merrill (1778 - 1850)
Child	Margaret Haden "Peggie" Merrill (1780 - )
Child	Betsy Smith Merrill (1782 - )
Child	Jenny Merrill ( - )
Child	Mary "Polly" Merrill (1785 - 1856)
Child	Douglas Merrill (1787 - )
Child	Samuel Merrill ( - )
Child	Seana "Sensy" Merrill (1800 - )

Father	William Haden (1730 - 1789)
Mother	Unity [HADEN] ( - )
Sibling	Douglas Haden (1750 - 1801)
Sibling	Margaret "Peggy" Haden (1755 - 1818)
Sibling	Jane "Jenny" Haden (1760 - 1830)
Sibling	Elizabeth "Betsey" Haden (1765 - 1813)
Sibling	Mary "Molly or Polly" Haden (1770 - )