[2008]
From his age in census records, we can narrow James' birth date down to a date range between 1771 and 1775: In 1810 he is between 26-44(1766-1784); in 1820 he is over 45 (bef 1775); in 1840 he is between 60-69 years old (1771-1780).
James Oliphant lived in the northwestern part of Rutherford County. In the 1810 census, he lived near Jefferson, and also reportedly lived near Harts Springs and LaVergne.
On July 20, 1804, James Oliphant purchased 157 acres of land in Rutherford County from a Samuel Oliphant for $314 (Rutherford County: Register of Deeds: Roll #109: Tennessee State Library and Archives Vol. A-G: date: 1804-1808). The deed states that the land was 'on the waters of Hurricane and Harts Spring Creeks' adjoining Daniel Fraziers land. This land was a portion of a purchase of that Samuel made on August 8, 1801, when he purchased 320 acres of land from Andrew Jackson for $430 (Roll 1: Vol. D, E, F: 1796-1806: Davidson County: Register of Deeds, Tennessee State Library and Archives, Nashville. Page 300: Vol. E 1798-1802)[note: at that time the land was in Davidson County, and later fell inside the boundries of Rutherford County after its formation]. According to that deed, the land Jackson sold to Samuel was originally part of a 640 acre land grant made by the state of North Carolina to Stockley Donelson (Donelson was a land speculator who was the son of John Donelson and brother to Rachel Donelson Jackson, the wife of Andrew Jackson). Samuel sold the balance of his 320 acre purchase on 23 Aug 1805, when he sold 163 acres to Nancy Beavers for $700 (Vol A: Page 86: Rutherford County: Register of Deeds: Roll #109: TSLA Vol. A-G: date: 1804-1808). Nancy Beavers is shown in the 1810 census in the household next to James.
The relationship between this Samuel Oliphant and our James Oliphant is unknown. Samuel went on to purchase additional land in Rutherford County from James McKnight on 25 Mar 1806. For the sum of $150, he purchased 100 acres of land 'on the first Creek that empties into the East fork of Stones River above Bradleys Creek', adjoining the land of Joseph Nichols (Vol. A: Page 144, Rutherford County: Register of Deeds: Roll #109: TSLA Vol. A-G: date: 1804-1808). Samuel doesn't ever appear in the Rutherford County census however. The only Samuel Oliphant that appears in the Rutherford County census is far too young (born between 1794 and 1804) to have been buying and selling land between 1801 and 1806, and is probably Samuel H. Oliphant, the son of James. There is a Samuel Oliphant in the 1820, 1830, and 1840 censuses of Maury County whose age makes him about the same age as our James Oliphant. This may provide a link between the Rutherford County Oliphants and the Maury County Oliphants - there is a good possibility that Samuel is related to James in some way (perhaps a brother?), and that he moved on from the Davidson/Rutherford area to Maury County with his family. History of Hickman County states that "Samuel OLIPHANT and Rosin L. BISHOP were the first settlers in Gordon Ferry neighborhood (on Duck River) 1806-1807." [This neighborhood was in the area of Maury, Hickman and Williamson Counties.] The dates mentioned here fit in with the last date we have for Samuel in Rutherford County.
One other note on Samuel's land dealings - Charles Wiseley states that he has seen a reference to an S. G. Oliphant purchasing 640 acres in Davidson County from Zachary Taylor in 1795. This S. G. Oliphant may be Samuel, and would be the first record of an Oliphant in middle Tennessee that I've seen.
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In an interview with Jill Knight Garrett on 7/7/1939, Silas Oliphant (grandson of James) said that his grandfather came from Scotland and settled in Rutherford Co when his father (Presley) was about 2 years old.
Census records, however, are inconsistent with this, with each census from 1850-1880 showing Presley's place of birth as Tennessee. Further, in the 1880 census each person was asked the birthplace of their father and mother. Presley lists the birthplace of his father as North Carolina (possibly South Carolina), and the birthplace of his mother as Virginia.
There are other family stories about James' lineage. Thomas Oliphant states in 1956 that his father (Benjamin) told him that his father (Presley) told him that he was a descendant of one of four brothers who immigrated to North America from Scotland.
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Thomas Oliphant in 1956 wrote the following about James: "...in 1776, there was a family of Oliphants living in that Territory by the Name of James Oliphant, who had a large family and that He owned several tracks of real estate, and on the first part of 1779 and 1800, when Tennessee was divided up in various counties Rutherford, Wilson, Davidson, and etc., History giving the First County Court of Rutherford County, gave one James Oliphant as a member of that Court. He being a Land owner and Also A free holder. He was listed as owning land in Rutherford county, Williamson County, Green County, Wilson County, and that he seemed to be well known, as the old History stated that he made bond for several different people in his transactions, for in those days, when any one got married, some one had to make Bond for them, and he was listed at several different times and places as going on Bonds for young people getting married (on account of my health at the time I was trying to get this information, in 1958, made it impossible for me to go to Rutherford County to get all the names and dates of his Family). But as History shown by other people and places, we our Oliphant families are offspring of the James Oliphant as our Grandfather lived in Smyrna, before moving to Williamson County, in 1860). James Oliphant's family was found in both Rutherford County and Wilson County, and also in other countys...."
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From Goodspeed's History of Tennessee, Rutherford County, The Goodspeed Publishing Co., 1887:
"The first court in Rutherford County met at the house of Thomas Rucker January 3, 1804, this being the first Monday. The commissioners of the peace were Col. John Thompson, Peter Legrand, Thomas Rucker, John Howell, Charles Ready and John Hill, to whom the oath of office was administered by William Nash, till this time a resident of Davidson County. The first act of the court as the appointment of Samuel McBride, sheriff, who gave bond in the sum of $12,000, and Joseph Herndon was made clerk. William Mitchell was appointed register; John Howell, ranger, and Joseph Boyer, John Anthony, W. Ramsey and William Martin, constables. Thomas Overton and John H. Bowen were admitted as attorneys. The sheriff returned the first grand jury as follows: Alex McCulloch, foreman; Henry David, George Ransom, J. M. Wright, Sr., Joe Nichols, Samuel Campbell, Daniel Williams, William Felton, Samuel Wilson, Thomas Nelson, James Whitsett, J. Clark, James Lindsey, William Gammel, John Smith, John Kimbro, Simon Miller, Mark Mitchell, John Sullivan, Robert Smith, C. Harmon, Tomas Mitchell, James McGabah, James Hill and James Oliphant."
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From Rutherford County Clerk's Office, Record Book: 15, Pages 3 & 4, proved in March 1849:
I, James Oliphint of the County of Rutherford & State of Tennessee do make and publish this my last will and testament hereby revoking and making void all former wills by me at any time heretofore made
First I direct that my body be decently interred in a manner suitable to my condition in life in the burying ground on my own plantation by the side of my beloved wife. As to such worldly estate as it has pleased God to intrust me with I dispose of the same as follows
First I direct that all my debts an funeral expences be paid as soon after my disease as possible out of any money that may come into the hands of my executor
Second I direct that all my property booth real and personal not other wise disposed in this will be sold at public sale by my executor, the land altogether, or in lots as may be thought most advisable by my executor.
Third I give and bequeath to my Daughter Hariet N. Oliphint one good bed and furniture, one cow & calf- This she never [?] & my other children have
Fourth I give to my Grandchildren Hariet Smilage Frances Smillage & William Smillage fifty dollars each
Fifth I give to my son in law Thomas Goodman five dollars
Sixth I reserve on half acre of ground including the burial ground and I direct that fifty dollars out of any moneys that may come into the hands of my executor be appropriated to putting a good inclosure around the graves
Seventh All the ballance of my estate I give and direct to be equally divided among my Children (JO) Samuel H. Oliphint Prestley W. Oliphint Isaac N. Oliphint Hariet N. Oliphint Andrew J Oliphint James M. Oliphint Franklin M. Oliphint and William L Oliphint
Not considering my Daughter Hariet N. Oliphint in a situation suitable to transact her own business I wish and direct that Prestly W. Oliphint be appointed her guardean and that he take charge of her & her estate
And I do hereby make ordain and appoint my neighbour & friend John F Blain executor to this my last will and testament written on one sheet of paper In witness wherof I James Oliphint the said testator have to this my last will set my hand and seal in the year of our Lord one thousand eight hundred and forty nine and January the first day
Signed sealed and published in
presents of us James Oliphint (seal)
[I N?] Oliphint
A J Oliphint
J E Gooch
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Ward Oliphant, as he continued to work on the family history in the 1980's, incorrectly tied together two different James Oliphants of the same time period; The James Oliphant of Rutherford County listed above, and the James Oliphant of Greene County, son of John Oliphant. In reviewing census and other records, however, it is clear that they are two separate and distinct persons with a different lineage from each other.
Summary of events:
1783 - Davidson County formed
1796 - Tennessee becomes state
1797 - James marries Polly
1803 - Rutherford County formed from Davidson County
1804 - James named in first meeting of the court of Rutherford Co to the first grand jury.
1804 - James purchases 157 acres in Rutherford County from Samuel Oliphant.
1810 - James in 1810 census for Rutherford Co.
1820 - James in 1820 census for Rutherford Co. as James Olivent
1840 - James in 1840 census for Rutherford Co. as Jas. Oliphint
1849 - James' will written in Jan, proved in March
[2409]
The marriage bond pertaining to James Oliphant and Polly Compton dated 1 Sep 1797 from the Metropolitan Archives of Nashville and Davidson County, TN. The bond is co-signed by David Beaty.
According to other researchers, Polly was the daughter of William Compton and Charity Leiper, of Culpepper Co VA. William may have been born in 1740 in Culpepper Co VA. Children listed for them include John, Walter, Thomas, William, Mary (Polly), James, Henry, and Juliana. I have thus far been unable to confirm with certainty that this is our Polly, however. Problems with assuming this include 1) there was at least one other Mary Compton (the daughter of Felix Compton), 2) there are a couple of other marriages in the same time frame to a Mary or Polly Compton. 3)There are conflicts with other sources about what William Compton's wife's name was, and what children he had. There might even be more than one William Compton in Davidson Co.
In the 1880 census, James' son Presley does indicate that his mother was from Virginia.
The History of Davidson County" by W.W. Clayton states that William Compton was "a successful trader" and lived on the Wharton Road (later called Hillsboro Pike.
[2009]
[S38]
Estate of James Oliphint
[2010]
[S48]
Goodspeed's History of Tennessee - Rutherford County
[2006]
[S20]
U.S. Census - 1880
[2007]
[S38]
Estate of James Oliphint
[2410]
[S53]
Marriages of Davidson County, TN 1789-1847
[2411]
[S54]
Tennessee Soldiers in the Revolution
© 2005 John Scott , 305 Murphy Court , Macon , GA 31216 , jsscott@tennesseeheritage.com. Permission is granted to copy portions of this document for personal use only. May not be published in paper form, electronically, or by any other means without permission.