III Descendants of James Albert “Jim” Loveless (ca.

1810-1867) of Pickens District, South Carolina, and Rabun, Cherokee, Pickens, and Cobb Counties, Georgia, by his two wives, Sarah “Sally” Nicholson (ca.1817-ca.1861), and Sarah Jane Scott Magbee (1827-1888)

“What in me is dark, illumine; what is low, raise and support: that to the height of this great argument I may assert Eternal Providence, and justify the ways of God to men.” --Paradise Lost, Book i, line 22. (John Milton).


James Albert "Jim" Loveless* (SAMUEL LOVELACE7, BARTON6, BENJAMIN5, JOHN4, THOMAS3, WILLIAM2, UNKNOWN1) was born circa 1810 in North Carolina--probably Rutherford County, and died (apparently) in Knoxville, Tennessee probably in April or May of 1867 (more on this later). It is most likely that James was born either around December of 1810, or—and this is intriguing—in February, 1810 as the twin brother of his presumed sister Mahala, who was apparently born in February of 1810. Indeed, Jack D. Lovelace (quoted above) thinks it highly probable that they were actually twins. As is fairly well-known by now, this James Loveless was an orphan boy, ‗farmed out‘ and raised after his father's death by a man named Henry Henson of South Carolina. There is no indication as yet as to what kind of relationship may have existed between James Loveless and his adoptive father Henry Henson, though it was evidently a close one, as seen by the fact that James' oldest son bore Henry's name, and by the fact that Henry's 1849 will mentions James Loveless as "an orphan boy I have raised, and have tender affection for." We should all be grateful for this evidently selfless and kind man, Henry Henson, who took the trouble to provide for and raise our forefather, James A. Loveless, for without him and his help, not one of his descendants might be here today. For many years, most of the descendants of James Loveless had no idea who his parents were. Recent research and new discoveries, however, have closed in on the elusive quarry (see previous chapter two). James‘ father was Samuel Lovelace, of Spartanburg, South Carolina, and his mother was apparently Anna Byers Lovelace. James evidently remained close to his mother, since he and his children seem to have moved and followed Anna (―Annie‖, or ―Amy‖) Loveless everywhere she went, from early Pendleton District (later Pickens), right through to Cherokee and Dawson Counties, Georgia. And recall that Dawson County is also where the Palmour grandparents of James‘ wife Sarah Nicholson also ended up, before they, too, left this mortal sojourn. James Loveless was apparently residing in Rabun County, Georgia at the time of 1830 and 1840 censuses, and unless there was somehow another person (and an adult male at that) named ―James Lovelace‖ in Rabun County, Georgia in the 1820s, then our ancestor was given a tract of 489.5 acres there on the 8th of February, 1823, when he would have been only twelve years old. His name (remarkably) was spelled ―James Lovelace‖ in this document. The microfilm reel at the Georgia Archives that contains the actual deeds themselves has unfortunately been missing for a number of years, and (I was told) their small budget does not allow for re-photographing the deed book nor for purchasing an additional copy from the LDS Church, which photographed the original deed books _______________________________________________________________________ (*The LDS Church‘s International Genealogical Index, (or IGI) lists him three times— twice as ―James Albert Loveless‖ and once as ―James Albert Lovelace‖.)

in the first place. I thus had only the deed index to rely on for researching this deed. The deed index lists the name of the man who gave James Loveless this land as ―Henry Mirs‖. I would truly love to be able to view the original deed record in question here, because I think that this name ―Henry Mirs‖ is probably a misspelling (or incorrect transcription) of the more familiar (and more believable) name ―Henry Henson‖—James Loveless‘ loving step-father. At present, however, I have no way to prove this hypothesis, unless I either make a trip to the Rabun County Courthouse in Clayton, Georgia (to view the original deed), or feel like paying to have the other microfilm reel copy sent from Salt Lake City to a local L.D.S. branch genealogical library (and then waiting). As I think it is highly unlikely that there was another ―James Lovelace‖ in Rabun County at this time (there are only four total deed records in this county bearing this name at all, anyway—and they all seem to be our man and no other), I therefore believe that this is indeed our ancestor James Albert ―Jim‖ Loveless, and that he was, in fact, deeded 489.5 acres in 1823 at the age of twelve. And I further believe the likelihood is good that the person who gave him this land was none other than James‘ stepfather, Henry Henson. Who else would have wanted to do such a thing for a twelve-year-old boy? His stepfather Henry, who in his 1849 will would describe James with words of affection, and who would in 1846 sell to James more than a thousand additional acres of his land holdings, evidently loved his stepson indeed. This 1823 deed transaction appears in Book ―C‖, page 212, and was not recorded until the 17th of October, 1845—some twenty-two years later—by which time James Loveless was already a grown man with several of his own children. The land in question was Lot 28, of the Third District of Rabun County, part of the Chattooga River bottomlands, and quite close to Oconee County, South Carolina. (This Lot 28 is mentioned in one of the quotes [given below] from the book Sketches of Rabun County History [q.v.].) James Loveless eventually sold this 489 acre tract in Rabun County, on 26 March, 1847, to his wife‘s brother-in-law, William Holden. This transaction was recorded also in Book ―C‖, page 306, on 7 September, 1847.

James Albert Loveless was a circuit-riding Methodist preacher

According to our cousin Dixie Bradbury Thielet, her great-grandfather James Loveless had been a circuit-riding Methodist preacher (just like his son Evan would later be). James Loveless had been instrumental in founding what is now the First United Methodist Church in Jasper, Georgia (where he lived at the time), sometime in the 1850s. And the 1850 census of Cherokee County (later Pickens County) Georgia refers to his occupation as " D.D." (Doctor of Divinity). I have to wonder, however, if he ever

really had a formal degree. I rather think the use of the term there might just have been a title of honor, due to his position as a preacher. I telephoned the offices of the Jasper United Methodist Church (Jasper, Georgia), which church James Loveless helped organize back in the 1850s (the official history of Pickens County confirms this), intending to ask where their old church records or minutes might be stored. The church secretary who answered the phone said she'd been there ten years, and that she was certain they didn't have any kind of records that went that far back in time. So it looks like the Pitts Theology Library (mentioned below) is probably the best place to try to look. It is, of course, entirely possible that James Loveless actually did attend some kind of college or university as a divinity student. Just because we haven‘t yet found record of this doesn‘t mean it never happened. If he did attend such a school, it would most likely have been somewhere in the more developed South Carolina of his boyhood—perhaps Columbia or Charleston. And it would have been almost certain that his beloved stepfather Henry Henson would have paid for such an education. This fascinating possibility has yet to be explored properly. Now that we know that James Loveless was a Methodist minister (and a circuit-riding preacher at that), the question ―what might his life have been like?‖ may be reasonably asked. The website http://www.unionsentinel.com/news/2005/1117/Front_Page/007.html has an interesting article about a fellow-preacher of North Georgia, only a few years younger than James Loveless. Strangely, this one too came from Spartanburg, South Carolina. This article is very interesting, and gives us some idea of what James' life must have been like. And here's another interesting website: http://www.angelfire.com/fl4/HisBeauty/pages/circuitriders.html The General Commission on Archives and History is the agency responsible for historical and genealogical data relating to the Methodist Church. Then there is the Pitts Theology Library in Atlanta (connected with Emory University‘s Candler School of Theology), mentioned above, which houses all the old records of the North Georgia conference of Methodist churches. There are two websites connected with these Methodist genealogical materials, and they can be found here: http://www.gcah.org and http://www.pitts.emory.edu/collections/archives_family.cfm

Here's another very interesting article about early Methodism in Georgia, which helps give still more illustration to the life of the Rev. James Albert Loveless: http://www.georgiaencyclopedia.org/nge/Article.jsp?id=h-3159 Since it mentions that a revival, or mini-"Great Awakening" took place in Georgia in 1835, I would say this is very likely when James Loveless was "sprinkled" (he would have been twenty-five that year). And here's yet another interesting article: http://en.wikipedia.org/wiki/Methodist_Episcopal_Church,_South This was probably the denomination to which James belonged. Remember that he owned seven slaves in 1860. (And he was a preacher). From the 1860 census, we learn that James Loveless was also a blacksmith by trade— what would have been rough, dirty, hot and sweaty manual labour. Additionally, James Loveless managed his several properties or ―plantations‖ over the years. I do not know for a fact whether or not he had sufficient means to hire an overseer to run his plantations for him, but I imagine he probably did—after all, he came from an elite background, among the upper-crust of society in Pendleton (later Pickens) District, South Carolina, and seems to have been well provided-for, prior to his ―entrance‖ into the world of business affairs. Additionally, it is known (according to the statement of Jeanette Newton Peebles in 1986—his great-granddaughter) that James was prosperous enough (at one point) to provide a ―personal slave‖ named Cindy for at least one of his daughters (Genetta). If that was the case, we may presume the other daughters probably had slaves assigned to them as well. This would seem to indicate an extraordinary degree of personal wealth. And this hypothesis tallies well with all the other evidence we possess regarding James Loveless‘ financial situation (prior to the Civil War).

1834 map of Habersham, Rabun, and Hall Counties (etc.) Also shown is the close proximity to Pickens County, South Carolina.

1864 map of Rabun County, Georgia, and vicinity James Loveless’ lands were along the Chattooga River.

A few years prior to the sale of the 489 acres he (evidently) received from his stepfather, and probably whilst still living in Rabun County, James Loveless had sold two other tracts of land—two tracts which we have no record of James ever purchasing. Perhaps he inherited these tracts from his late father-in-law, Ira Nicholson, in 1840. Ira did, in fact, bequeath to James and his wife Sarah ―one lot of land‖ (see below), but we are not told where in Rabun County this land lay. These two other land sales were as follows: James Loveless sold to Evan Nicholson (either his wife‘s brother or uncle— both of whom bore that name) a tract of 400 acres, being part of Lots 26, 27, and 46, in the 3rd District of Rabun County, on 3 September, 1842. This deed was recorded in Book ―C‖, page 139, on 2 September, 1843. The other land transaction in Rabun County involving our James Loveless took place on the 26th of December, 1844, wherein James Loveless sold the other part of Lot 46 [acreage not recorded in the index] to a man named Daniel Carrol [sic]. This deed was recorded in Book ―C‖, page 190.

After James purchased the thousand-plus acre tract in Pickens County, South Carolina in 1846, from his stepfather Henry Henson (see below), he appears to have left Rabun County for good. When he finally returned to Georgia around 1849—perhaps due to the death in 1848 of his presumed eldest brother Barton, it would not be to Rabun County that he would go, but rather to the Cherokee County (later Pickens) where Barton had lived and died, and where his widow Isabella (Johnson) Loveless now had to raise her children alone. Perhaps (as Lou Ann Murphy has suggested recently) James, as the new ―head of the family‖ had moved back to Georgia precisely to help his brother Barton‘s widow and his nephews and nieces.

First Marriage of James Albert “Jim” Lovelace James Loveless married around 1835 to a lady named Sarah ―Sally‖ Nicholson. This marriage record is not found in Rabun County, which does have marriage records from that period; therefore, she and James were probably married in South Carolina. However, I have not thus far found record of this marriage in South Carolina either. Sarah Nicholson was born circa 1817, probably in Pendleton District, South Carolina, and last appeared in the historical record in the 1860 census of Pickens County, Georgia. As she was not alive in 1870, and since her husband‘s last child (by his second wife) was born in 1868, Sarah Nicholson Loveless had to have died sometime between 1860 and 1868. She was one of the twelve children of a wealthy and influential man of Pendleton District, South Carolina and Rabun County, Georgia, named Ira Richardson Nicholson. Ira's middle name is from his mother's family. The same Sketches of Rabun County History has the following to say about Ira R. Nicholson (at pages 119 through 121): It is interesting to note that on December 7, 1830, Ira Nicholson of Pickensville district in South Carolina purchased from Evan Nicholson [his brother] ... the same part of lot number 47 that [Evan] had purchased from John Palmour seven years earlier. ... At this time Ira Nicholson was still living on the South Carolina side [of the Chattooga River]. The tradition is that South Carolina levied a tax on slaves which was so heavy (and he had so many of them) that he was forced to move over to the Georgia side for two years. He then moved back to the South Carolina side when the tax was repealed. Such is the tradition. Whether that is true or not, it is certain that between 1830 and 1839, [Evan] and [Ira] made other land purchases on the Georgia side, and [Ira] established on that side a large estate on which either he or some of his family lived. Ira Nicholson died in 1840 [24 January]. As is shown by the division of his estate, he had eight children who were married or were of age, and four minor children who shared in the division of his property. He owned several lots of land on the two sides of the river and a number of negro slaves. ... According to the report of the commissioners appointed to make the division of his property among his heirs, Ira Nicholson had more livestock and a larger equipment of household furnishings than is

shown by the inventory of any other estate in this early period. No other appraisement shows so many head of hogs, cattle and horses. There were no fewer than half a dozen featherbeds priced at from $20 to $30 each. ... To his son-in-law James Loveless "in right of his wife, Sarah" Ira bequeathed "one lot of land and one negro girl, Synthia [sic]," together worth $1,200.00 (in 1840 dollars). The total value of Ira Nicholson's Georgia estate (and this is not counting the value of his holdings in South Carolina!) was $7,475.00, which would have been an extraordinary sum of money back then. In terms of today's dollar value, we would have to say that he was probably a millionaire, several times over.

1895 map of Pickens County, South Carolina As mentioned above, on 27 March, 1846, James‘ stepfather Henry Henson sold to him a tract of 1,234 acres ―on Henson's old line‖, in Pickens District, South Carolina, and apparently James Loveless moved his family back across the Chattooga River from Rabun County to this very extensive South Carolina plantation for a few years, as his daughter Jane Nett ("Genetta") is said to have been born there on 30 March, 1846—only three days after her father acquired that South Carolina property.

James Loveless and his wife Sarah (Nicholson), along with several of her other siblings, were apparently parties in a law suit concerning the division of her late father‘s very extensive estate in 1851 (no big surprise)—a suit that was instigated by her sister Jane, and her husband Isaac Holden: The Keowee Courier newspaper (Pickens County, South Carolina), in the issue of Saturday, 22 March, 1851, said the following concerning this suit: South Carolina, Pickens District. In [the Court of] Equity. –Bill for Partition and Sale of Real Estate. Isaac Holden and wife Jane vs. Jane Nicholson, widow*, Evan Nicholson, James Loveless and wife Sarah, William Holden and wife Martha, William Nicholson, Mordecai Cox and wife Malinda, parties [and?] Defendants to the said Bill of complaint. (*Does this newspaper article prove that Ira Nicholson‘s widow Jane was alive in 1851? It would certainly appear so. Previously, Jane (Palmour) Nicholson was said to have died in 1843.)

Land lot map of the former Cherokee Territory in North Georgia

James Loveless moves back to Georgia

On 2 July, 1850, James Loveless purchased lots 82, 83, and the south half of lot number 63 in the 13th district, 2nd section, of Cherokee County, for $800.00, from Abner P(owell) Loveless, Administrator of the Estate of Barton Loveless, deceased (James‘ presumed brother). This transaction was recorded in Book L, page 435, of the Cherokee County deeds. James Loveless was the highest bidder for these properties at the estate sale, a public auction on the courthouse steps in Canton, Georgia. In 1853, these properties passed into the newly-created Pickens County, Georgia, named—perhaps— after the Pickens County, South Carolina where these Loveless men were originally from. As mentioned above, most researchers of this family now believe this Barton Loveless (ca.1798-1848) was probably James' eldest brother—and named after their (presumed) common grandfather, old Barton Lovelace of colonial Maryland. The younger Barton Loveless (of Cherokee County) had been a charter member (along with his wife Isabel) of Liberty Baptist Church in Dawson County, Georgia, in August, 1833, and a charter member and a deacon of Cool Springs Baptist Church, which was founded in what is now the town of Tate, Georgia (Pickens County, formerly Cherokee County) on 28 March, 1840. His earliest (and indeed, only) appearance in the deed records of Cherokee County is in a deed of 5 February, 1839, wherein he purchased 160 acres of Lot 59, in the 13th district of the 2nd section of that county. ―Bartin‖ Loveless (as it is spelled on his gravestone) lies buried in the Old Tate Cemetery there. Tate, Georgia, and vicinity, is evidently near where James Loveless lived for a number of years, as at least two of his sons (Henry and Evan) enlisted with Company E, 23rd Regiment Georgia Volunteer Infantry, Army of Tennessee, C.S.A. in Pickens County, Georgia. This unit was also known as the "Tate Guards", named, undoubtedly, after the town of Tate where so many of the enlistees were from. According to his descendant Betty Loveless Murray (daughter of Elbert Lee Loveless, and granddaughter of Cortez Pate Loveless), James Loveless ―helped organize a Methodist Church at Jasper, Georgia‖. This would have been in Pickens County. This oral family tradition was accurately handed down, for the aforementioned book History of Pickens County, does indeed confirm this (at pages 282 and 283): Not long after the church at Hinton was started [the 1850s], another Methodist church was organized in Pickens County at Jasper, under the leadership of Charles M. McClure, James Lovelace, and James Simmons; and a building was begun here in 1860. Rev. J.B.M. Morris was the first pastor. …[Emphasis supplied; note the spelling of James‘ surname.] This church is now known as the First United Methodist Church of Jasper.

The 1832 Georgia (or Dahlonega) Gold Rush, and a “falling out” between brothers.

One very big, and still-unanswered question is: to what extent did the famous 1832 Dahlonega (or North Georgia) Gold Rush play (or not play) a role in making these various Loveless men and women (presumed to be siblings) decide to leave their South Carolina (or Rabun County, Georgia) homes and head into the area which was even in the early 1830s still being called the ―Cherokee Territory‖? It is a known fact that James‘ son Evan Jackson Loveless left Cobb and Dawson Counties, Georgia (around 1875) and moved to Cleburne County, Alabama, precisely to take part in the Arbacoochee gold rush then going on there. Could a similar motive have led the Loveless clan to settle in Cherokee County in the 1830s? We have seen (above) how the earliest known Loveless sibling to enter the Cherokee area was Barton Loveless (c.1798-1848), who with his wife Isabella, first appears there (in Dawson County, which was very close to the gold fields) by August, 1833, which was only one year after the area had been ‗appropriated‘ from the Cherokee Indians, and Cherokee County had been formed. According to Lou Ann Murphy, her ancestor Barton Loveless had indeed resided briefly in Lumpkin County, Georgia (county seat, Dahlonega), prior to 1833. This was the exact, precise area where the main focus of the gold rush occurred, and Barton‘s presence there prior to 1833 places him in the thick of things. We also notice how, by 1840, Barton and family had left the immediate area of the gold fields, and had moved a little farther west, into what would later become Pickens County. Had he perhaps tried his luck at prospecting for gold, and found his luck wanting? Had he perhaps decided to return to the more reliable means of making a living back then—farming? Recall that Barton‘s presumed brother William was in Cherokee County, Georgia in 1832 and 1834, but then disappeared (and apparently returned to Spartanburg, South Carolina). Perhaps the “falling out” among brothers (mentioned above), actually revolved around the search for gold--or perhaps the possession of gold, if any had indeed been found by these Loveless brothers. Such a scenario would be easy to imagine, unproven suggestion though it is. And while I‘m on the topic, please remember that all of this is only speculation, so please don‘t take it as ―gospel truth‖. Regardless of what brought him to the region, though, it is certain that by the time of his death in 1848, Barton Loveless had been joined in either Pickens County or Dawson County (adjacent to Pickens) by several other (presumed) family members—siblings, and even his widowed mother, Anna—with the notable exception of both William and Seaborn. And no more than two years after his death, his family were joined by yet another pre-

1863 map of Dawson County, Georgia (Pickens County is on the left; Hall on the right)

sumed brother, James. Recall also that two presumed siblings (Sarah and Seaborn) both married in 1833 in Hall County (just east of the Lumpkin gold fields)—the same year Barton‘s Hall County homestead became part of the newly-created Dawson County (Barton was enumerated in the 1830 Hall County census). Life in Dahlonega (and Lumpkin County) in the heady days of the early gold rush was fast and furious—and quite loose and immoral. One web site (http://www.goldrushgallery.com/dahlmint/c_history_1.html) describes life at that time quite colorfully: [Benjamin] Parks [who is reputed to have been the first white man to discover gold in the region, in 1828] may have best decribed the chaotic scene, “The news got abroad, and such excitement you never saw. It seemed within a few days as if the whole world must have heard of it, for men came from every state I had ever heard of. They came afoot, on horseback and in wagons, acting more like crazy men than anything else. All the way from where Dahlonega now stands to Nuckollsville [now called Auraria] there were men panning out of the branches and making holes in the hillsides ." Dahlonega was aptly named, being derived from the Cherokee language, meaning "yellow money." In her earlier days known as "Licklog," Dahlonega soon became a boomtown, supporting a surrounding population of about 15,000 miners at the height of the gold rush. Symptomatic of its rapid ascension, shortages of common necessities were widespread. As might be expected in such a "rough and ready" gold mining town, there were stores, hotels, brothels, saloons, and gambling houses. One contemporary account related, “I can hardly conceive of a more unmoral [sic] community than exists around these mines; drunkenness, gambling, fighting, lewdness, and every other vice exist here

to an awful extent.” “Sprawls Hotel,” a tanyard in town, was an “establishment” where drunken miners were allowed to “ooze” until they were sober enough to “check out.” […] And this was in Georgia! Where did all this reckless, wild, lawless behaviour go after leaving 1830s and 1840s Georgia? Why, to the ―Wild, Wild West,‖ of course—which did not become called that for no reason. The California Gold Rush of 1849 drew away much of this insane, immoral behaviour from Georgia (to California‘s detriment).

Life in Cherokee (later Pickens) County

By July, 1850, then—and probably as early as 1849—despite his involvement in the lawsuit in South Carolina in 1851, James Loveless had evidently moved back to Georgia to one or more of the above-mentioned properties he purchased from the estate of Barton Loveless, deceased, since he (James) was enumerated in the 1850 census there, and the language of the deed record of July 2, 1850 describes him as already residing in Cherokee County. But note that the Barton Loveless properties he purchased were in the 13th district of said county, whereas James was said to be residing in the 15th district when pinned down by the 1850 census taker. Obviously, he must have purchased an additional property at some point—a purchase which I have not yet been able to locate in the deed records of either Cherokee or Pickens Counties. Unless, that is, I either misread the original census entry all those years ago when I first copied it down, or simply that the census-taker wrote it down incorrectly himself. The book History of Pickens County, by Luke E. Tate (first printed in 1935), at page 57, mentions James Loveless as being among the early settlers of Pickens County: From Jasper out the Fairmount road were the homes of Jimmy Lovelace, Clark McClain, John Burgess, Ira Dunegan, John Lambert (who was a preacher), Andrew Jones, Zeke Forester, Bill Thompson, Lewis Thompson, Elisha Bennett, Joe Neal, Lewis Larmon, and Hiram Mills. [emphasis supplied] These names (says author Luke E. Tate) were compiled ―from the information of older citizens [living in 1935]‖. (From page 55.)

1864 map of Pickens County, Georgia, and vicinity (Note the Yellow Creek section of Dawson County, where several Loveless family members would reside in the 1870s.)

James Loveless‘ 1850 census data (such as it may be) is as follows (this is on pages 531532.): 15th District of Cherokee County, Georgia. James Loveless, age forty, male. His listed occupation was ―D.D.‖ (This abbreviation, of course, stands for ―Doctor of Divinity‖). His real estate value was $1800. He was born in North Carolina. His wife Sarah was age thirty-two, and born in North Carolina [this had to have been incorrect]. His children, Henry, age fourteen, male, and Mary, age twelve, female, were shown as having been born in North Carolina also [This also is probably incorrect], while his children Evans [sic] age eleven, male, Malinda, age nine, female, Samuel, age six, male, Jeanetta [sic], age four, female, and Martha, age one, female, were all shown as having been born in Georgia. [―Jeanetta‖ and Martha are now believed to have been born in

South Carolina.] There was also apparently a boarder, a young man named Henry Snider [sic], age twenty-two, male, who also came from South Carolina. (Below) Portions of the 1850 Cherokee census pages showing the James Loveless family:

On 28 July, 1854, James Loveless disposed of two of those three land lots he had acquired from the estate of (his late brother?) Barton Loveless in July of 1850; by this time, they were in the newly-created Pickens County: He sold 160 acres from Lot 83 to James K. McCutchen for $1,000.00 on that date (McCutchen immediately turned around and sold—on the same day--20 acres from that purchase to Horatio Talley—James Loveless‘ probable brother-in-law). Meanwhile, James Loveless himself directly sold— again on the same day—Lot 82, one of the other Barton Loveless lots, to Horatio Talley. This Lot 82 also comprised 160 acres. This time James Loveless asked for and received only $700.00. These transactions were recorded in Book ―A‖, pages 102 and 103. One month later, on 15 August, 1854, James Loveless took some of those profits from his recent land sales and purchased a 160 acre lot, Lot 269 of the 13th district, 2nd section of Pickens County (originally Cherokee), from a man named John L. Thweatt of Spalding County, Georgia. He (James) spent $400.00 to accomplish this. This deed was also recorded in Book ―A‖, this time on page 51.

James Loveless kept this property (Lot 269) for only two more years, selling it on 18 November, 1856, to a John A. Berry ―of Lumpkin County, Georgia‖ for $1,200.00. Also included in this sale was the north half of Lot 268, containing 80 acres more or less. Strangely, though, these two lots are described as lying and being in the 12 th district of Pickens County (as opposed to the 13th), an area we have no record of James Loveless having ever resided in, or having ever purchased property in. Nor have I yet been able to find any record of James Loveless having ever purchased that ―north half of Lot 268‖. So where and how did he acquire it? Also in 1856, James Loveless inherited one slave boy, "Bob" from the estate of his late stepfather Henry Henson, with strict instructions from Henry to keep ―Bob‖ in the Loveless family for the rest of his natural life. (Henry‘s kindness and consideration even extended to slaves—remarkable for that time and place.) One further reference I have for James Loveless‘ adoptive father Henry Henson I just happened to pick up in passing: the book, Sketches of Rabun County History, page 125, mentions him as follows: On September 1, 1858, Jackson Holden purchased from Henry Henson of South Carolina part of lot 25, containing 321 acres at the price of $1,000. This land lies south of lot 28 and is also on the Chattooga River [in Georgia]. This reference is intriguing, not least for the fact that the Henry Henson who was stepfather to our James Loveless died in 1856, two years before this Henry Henson sold this land to Jackson Holden. So who was this apparently other man named Henry Henson? Perhaps the Henry Henson who had settled in the Cherokee Territory of North Georgia in the years prior to 1858? Or perhaps this Jackson Holden only purchased this property from the Estate of the then-deceased Henry Henson? To continue with the story of James Loveless, though: On 13 September, 1857, James Loveless purchased from a Simeon Webb, for $450.00, sixty acres from Lot 116, of the same 13th district, 2nd section of Pickens County, This transaction was recorded in Book ―B‖, page 163. And then one month later, on 28 October, 1857, this same Simeon Webb sold to James Loveless two acres out of a 25 acre lot, being part of Lot Number 135, of the same district, section, and county. This asking price was (interestingly) only $5.00. James Loveless turned around and sold both of these last-named properties only five months later, on 20 February, 1858, to Henry W. Kuhtmann and Robert Mure, both ―of the State of South Carolina‖, for $450.00. The reference for this transaction is Book ―B‖, page 178. He took a five-dollar loss on the deal. James Loveless continued to reside in Pickens County on one or more of his other (unsold) properties, as he was enumerated in the 1860 census there:

In the 1860 census of Pickens County, Georgia, he appeared as James Loveless, Blacksmith, adjacent to Mary (Loveless) Talley, his probable sister. There were eight children in the home (all born in Georgia). James was born in NC, his wife Sarah in SC circa 1817, and the children as follows: Evans [sic], age nineteen, Malinda, age eighteen, Samuel, age fifteen, "Genetta" [sic], age thirteen, Martha, age eleven, James, age nine, Sarah E. age five, and Adline, age three. There were also two black female slaves, five black male slaves, no mulattoes, and one slave house. His real estate was valued at 5,000 dollars. (My thanks to Lou Ann Murphy for providing this information.) (Below) The original 1860 Pickens census entry for James Loveless and family:

The minutes of the Superior Court and the Inferior Court (Court of Ordinary) for both Cherokee and Pickens Counties of this early time period are unfortunately not indexed, or I would have been glad to search them for whatever additional facts or biographical detail they might have afforded, and which might have been relevant here. Finding something like a sworn affidavit, in which James Loveless stated his place and date of birth, would be a ‗gold mine‘ indeed! (And such things do exist for this period.) James Loveless and his family (including his by now adult sons Henry and Evan) were evidently still residing in Pickens County at the outbreak of the Civil War, since both he and those two last-named sons enlisted in the ―Tate Guards‖ of the Confederate States Army there (see later).

Second marriage of James Albert Loveless

James Albert Loveless remarried a widow-woman, sometime around 1863, give or take a few years. She was born as Sarah Jane Scott (1827-1888), and was the widow of a Dr. James M. Magbee, of Chambers County, Alabama. Dr. Magbee's parents, however, still lived in Cobb County, Georgia, in the 1860s. We are descended from James A. Loveless and his first wife, Sarah "Sally" Nicholson, whereas our cousin Mrs. Dixie Thielet is descended from the second wife, Sarah Scott Magbee, through Sarah‘s daughter Lillie Barton Loveless (1868-1943). This Lillie Loveless (apparently born after her father's death in 1867) married a man named Paul Henry Bradbury, and lived all her life in Atlanta. The Dr. James M. Magbee who married Sarah Jane Scott (Rev. James Loveless‘ second wife) lived from 1819 to 1858. Since he died in 1858, and since James Loveless was serving in the Civil War from August 1861 to April 1863, I'm assuming that James Loveless probably remarried about 1863. I tried to find record of James' marriage to the widow Magbee, but with no success. I looked in the marriages of Pickens County (where James Loveless lived at the time he would have married Sarah Scott Magbee), and nothing was there, except the 1857 marriage of his son Henry H. Loveless. So it appears likely that James and Sarah Scott Magbee married in Cobb County. There is a good reason why this seems a reasonable supposition: Strangely enough, even though Dr. James Magbee had been living in Chambers County, Alabama prior to his death in 1858, his father's family lived in Cobb County, Georgia. This was also probably one of the reasons why James and Sarah Loveless moved there after the Civil War--when they had (presumably) suddenly become dirt-poor due to the economic collapse after the war, and needed to rely on other family members to survive. The marriage records for Cobb County don't start until 1865 (there was a courthouse fire in 1864, thanks to General Sherman). And no James Loveless (of any spelling), nor any Sarah Scott or Sarah Magbee, etc., are listed there. So, they probably married prior to 1865 (probably in Cobb County). Sarah Magbee Loveless continued to live in Cobb County long after James' death in 1867, but most of James' children by his first wife moved elsewhere--Henry to Gordon County, and most of the other siblings to Dawson County (from whence son Evan departed for Alabama about 1875, and daughter Mary departed for Texas in the 1880s). Daughter Martha stayed in Cobb County, but only because she had married into another Cobb County family (the Alexanders). Daughter Genetta Loveless Keheley moved to Atlanta. Here's what I envision happening:

The 1860 census for Pickens County, Georgia has James with what must have been his first wife Sarah Nicholson Loveless, since she was age 43 that year (thus born in 1817), as opposed to the known birthdate of 1827 for James' second wife Sarah Jane Scott Magbee. So James Loveless' first wife apparently survived up until at least the 1860 census. [At least one online source claims that this Sarah Nicholson Loveless died on 25 July 1862, in Dawsonville (Dawson County), Georgia. While this would make enormous sense, a birth date of 26 January 1800 is also given, and this date does not comport with the known census data. Ditto for the statement that this particular Sarah Nicholson‘s husbands included a Lewis Barker (whom she is said to have married in 1821, and by whom she bore no fewer than six children!), and also a Ransom Barnes, whom she is said to have married on 1 July 1849. It is thus clear that we may be dealing with a separate Sarah Nicholson here.] The number one killer of women at that time (and for many centuries prior, according to Wikipedia) was "childbed" or "puerperal" fever. I would say the possibility is good that James' first wife Sarah could have borne a stillborn child around the years 1860 or 1861 (or a child that died in infancy), then dying herself from "childbed fever" (as her daughter Martha and granddaughter India both later would also), leaving her husband James in need of a new wife to help feed all his little mouths back home (his youngest by his first wife, Amy, was born in 1857). Certainly, if James married the widow Magbee in Cobb County (as appears probable), then it had to have happened before 1865, when the marriage records began being kept again. In addition, James‘ first wife may have been dead by August 31st, 1861, because it was on that date that her husband enlisted in the Confederate Army with his sons. I think it highly improbable that a middle-aged man would have left a living wife to do that, whereas a recently-bereaved widower would have had every reason to do so. And isn‘t it reasonable to suppose that few women would have tolerated their middle-aged husbands gallivanting off to fight in a war with their sons?

Onset of the Civil War

The Civil War, and the social upheaval caused both by it and the emancipation of the slaves resulting directly from it, evidently caused much trouble for James Loveless. He did, after all, own several slaves at the outbreak of the war—seven total, according to the 1860 census, and several rather extensive properties, (at one time, at least) both in Georgia and South Carolina. The political situation in Pickens County in 1860 would have caused further trouble: not only were there several units of Confederate soldiers raised in Pickens County (and vicinity), but there were also a substantial number of UNION adherents in Pickens County (as elsewhere in Georgia), and at least one battalion of Union soldiers was also

raised in Pickens County. In addition to this, bands of Union-sympathizing guerillas took to roaming the countryside, harassing known Confederates, occasionally destroying their property, and causing general mayhem. Union sentiment was so strong in Pickens County in 1860 and 1861 that the Union flag continued to fly over the Pickens courthouse (under heavy armed guard) for over a full month after Georgia had ―officially‖ seceded from the Union. The Confederates eventually won the day, however, and dealt swiftly and mercilessly with Union sympathizers who were unlucky enough to get caught. James Loveless‘ abolitionist nephew Abner Powell Loveless (son of Barton, mentioned above) was part of one of these bands of Union guerillas; an associate of his was caught and hanged, and Abner himself narrowly escaped the same fate. This American Civil War truly did divide families: father and sons against each other, and brothers fighting against brothers. This Loveless family was a prime example. We see that James Loveless was a slave-holder (albeit a good Methodist). And we have seen how his nephew Abner P. was an abolitionist and a member of a Union guerilla band. Abner‘s brother Alfred W. Loveless (another nephew of James), had enlisted as a Confederate private in the same company and regiment as his uncle James, and his cousins Henry H. and Evan Jackson Loveless, on 16 September, 1861, though (for some unknown reason) he had deserted by 8 August, 1863. Perhaps the strain and pressure of opposing his own brother proved too much for him. Very likely, however, we will never know what the real causes were. According to James‘ descendant Betty Loveless Murray (mentioned above), James Loveless himself enlisted and served in the Civil War with his sons, but was eventually discharged “due to age.” This additional oral tradition also appears to be based in fact, for a James Loveless had indeed enlisted on the same day as brothers Henry and Evan Loveless in Company E, 23rd Regiment, Georgia Volunteer Infantry (31 August, 1861). James Loveless, originally also a private, had been elected as Captain of his company on 23 December, 1861. This would have been a tremendous honor for him and his entire family. Captain James Loveless last appears in the records of his unit on 2 April, 1863, the day he tendered his resignation because of old age and ―rheumatism‖. He would thus have served for one year, seven months, and two days. By doing so, however (and at his advanced age, especially), he left no doubt about where his sympathies lay. His letter of resignation (reproduced below) also states his age in early April, 1863—fiftythree years, thus showing that he was born in the year 1810—probably sometime between January first and late March. This greatly increases the likelihood that he was indeed a twin brother of his (presumed) sister Mahala, who was born (according to one source) in February of 1810. In the next several succeeding pages, I will reproduce several of the documents relating to James Loveless‘ service with the Confederate States Army. They are on microfilm at the Federal Archives in Morrow, Georgia (Atlanta):

(Above) A rare original autograph signature of James Loveless as captain of Company E, 23rd Regiment, Georgia Volunteer Infantry (C.S.A.). From one of his pay vouchers, dated 31 January, 1862. [enlarged to show detail]. From this and the other documents to follow, we can easily see that, unlike most men of his day and age, James Loveless could both read and write.

Original hand-signed letter of resignation from Capt. James Loveless (and the accompanying Surgeon’s Certificate), dated 2 April, 1863, at Fredericksburg, VA. This document (as photographed) is very difficult to decipher. On the next page I will attempt a transcription thereof. When in doubt about a reading, I will insert a question mark.

[Transcription of the preceding document. Note: here, as elsewhere, I spell the nowobsolete ―long-s‖ as an ―f‖. It is, in fact, an ―s‖, not an ―f‖.] Camp [?] 23d Ga Regt near Fredricksburg Va April 2d/63 Genl S.Cooper A & J Genl [?] CSA Sir I have the honor to tender you my resignation as Capt of Co “E” 23d Ga Regt by reason of disability as will appear from the annex =ed Surgeon’s Certificate Very Respectfully your Obt Sevt James Lovelefs capt Company E 23 ga vols I certify that I have carefully examined Capt James Lovelefs Co “E” 23d Ga Regt and find him unable to discharge the duties of an officer by reason of chronic Articular Rheumatism which together with his age (53 years) renders marching almost impossible His joints become very sore and painful with some [?] tumefaction [?] upon the least exposure to the inclimincies of the wether And do not believe that he will be dependable for active Service during enlistment He was recommended that his resignation be accepted near Fredricksburg Va April 2nd 1863 T.J. Young Surgeon P. & C.S.

[This resignation (as shown on the reverse side) was approved by several higher commanding officers, among whom was Alfred H. Colquitt, Brigadier General.]

Reverse side of the letter of resignation by Captain James Loveless. (General Colquitt‘s signature can be seen in the center top.)

Rare, original handwritten and hand-signed “Power of Attorney” document by James Loveless, as captain of his unit, dated 14 June, 1862, at or near Richmond, Virginia.

[Transcription of preceding document:] State of Va } Know all men by these County of Henrico} presents that I James Lovelefs Captain of Company E 23rd Ga Regt do hereby constitute and approve Lt. P.F. Ferguson of the above Company and Regiment my true and Lawful attorney to receive money [for myself] and [for] my company for the Months of Jany and Feby 1862 they having made a power of atty to to me authorizing me to receive for them and receipt in any manner required. By virtue whereof I hereby empower the said Lieut. Ferguson to act in my name receive receipt for and sign up my name in any manner whatsoever required In testimony whereof I have hereunto set my hand this June 14th 1862 James Lovelefs Capt Co E Test T.P. Forrester 2nd Lt. Co E 23rd Ga Regt

Index card for James Loveless’ service records (as a private and as a captain).

Two out of the many Muster Roll cards for James Loveless. The one on the right shows that he was elected as captain of his unit on 23 December, 1861 [to replace Captain Samuel Tate, who had resigned].

Two additional Muster Roll cards for James Loveless.

Two more Muster Roll cards for James Loveless.

Two more Muster Roll cards for James Loveless.

Two additional Muster Roll cards for James Loveless.

Requisition form (for fuel) signed by Capt. James Loveless and dated 14 January, 1862.

Requisition form (for straw) signed by Capt. James Loveless and dated 1 February, 1862.

Pay voucher signed by Capt. James Loveless and dated 31 January, 1862. This is the document from which I showed an enlarged view of James’ signature (see above).

Civil War diary which belonged to Evan Loveless (son of James); he had purloined it from a “dead Yankee”. (Photo courtesy of Bill and Agnes Jones.) The pages of the diary shown here date from Tuesday, January 28th, 1862, to Sunday, February 2nd, 1862. This diary was written by Evan Loveless (a son of James. The scan was sent to me by my cousin Bill Jones and his wife Agnes. I had asked them for copies of anything having to do with James Loveless and/or his family. The diary is in their possession. (Bill is a descendant of Amy Loveless Miles, the youngest child of James Loveless by his first wife, Sarah Nicholson.) I am guessing that this diary probably came to them via James‘ eldest son Henry, who was close to his sister (their ancestor) Amy Loveless Miles (they are buried in the same cemetery). The entries in the diary itself (the few that we presently possess) offer scant clues to the original owner‘s identity. The anonymous writer or writers mentions rain and picket duty in muddy, frozen fields, and also two men named Ralston and Carter (or

Porter) who visited the encampment, and the fact that the writer loaned 20 dollars to Ralston ―to take home‖. The writer also mentions a visit to ―Black‘s regt‖ [regiment], and—curiously— refers to (what looks like) ―Tren Loveles his book got a taken from the Yankees‖ (the entry for Saturday, February 1st). It seems almost impossible to make any sense of that entry. (Though surely the garbled name is actually ―Evan‖ Loveless.) I still have some hopes that in the near future Bill and Agnes may yet offer more information concerning this diary. I am grateful to them for sending me this image, and the information to go with it. Whereas his sons Henry, Evan and Samuel continued to serve with their unit--and went through literal hell in the process (see later), James himself slowly made his way back home to Pickens County, where he apparently began preparations to relocate his family back to South Carolina: According to his great-granddaughter, the late Jeanette (Newton) Peebles (formerly of Atlanta, Georgia), James Loveless temporarily moved back to South Carolina to avoid Sherman's advance toward North Georgia and Atlanta in the Summer of 1864. Perhaps this was a last-ditch attempt on James‘ part to protect his investment in his slaves, not to mention protecting his family from the oncoming, maurauding Union troops, who would so soon devastate most of Georgia. Perhaps James Loveless moved back to South Carolina to escape the social and political headaches in Pickens County, Georgia. Regardless of the causes, though, I think that James Loveless was wise to flee the war. But, aside from the obvious protection it would have afforded himself and his family, it ultimately did him little good. After the devastating ending of the war, with the slaves (and the money investment they represented) ―gone with the wind‖ (so to speak, and please pardon my terrible pun), and the entire Southern economy in complete ruins, with no employment or wages to be had by anyone, and with what currency there was floating around now completely worthless, those who were once large land-holders had to watch in silent anguish as their onceextensive and once-thriving properties went one by one under the auctioneers‘ hammer due to non-payment of property taxes. This tragic waste of a war made paupers out of many a formerly wealthy man in the South. James Loveless in Pickens County, Georgia was surely no exception in this respect.

The James Loveless family moves to Cobb County At some point, probably around the time of the war‘s end, and probably not long before or after his son Evan‘s marriage there in October 1865, James Loveless moved himself and his family some thirty-five miles south from where he had lived in Pickens County, into Cobb County, Georgia. The reason for this move is not now known for certain, but it was probably due at least in part to economic reasons stemming from the War. Perhaps his Pickens County properties had fallen under the auctioneer‘s hammer for

non-payment of taxes. Jobs were almost non-existent then (as during the later ―Great Depression‖) and what currency there was floating around (mostly paper) was now completely worthless. I have not yet been able to find any record of a land purchase by James Loveless in Cobb County. This may be due—in part, at least—to the fact that the Cobb County courthouse was burned in the Summer of 1864 by Sherman‘s troops, and records there do not resume until 1865.

1864 map of Cobb County, Georgia, and vicinity

As mentioned above, James Loveless had been a slave-holder in Pickens County (and earlier, in South Carolina), prior to the war, and prior to his move to Cobb County, circa 1865. Pickens County had been sharply divided in 1861 concerning the issue of slavery, the population of the county being almost evenly divided on the question. With the victory of the North, and the freeing of the slaves, the abolitionists of Pickens County would have gained the upper hand politically, giving the former slave-holders ample reason to wish to move elsewhere. There had been harsh reprisals against the abolitionists of Pickens County in 1861, at the start of the war; surely, with the loss of

the South in 1865, there would have been ample cause for the abolitionists to engage in similar reverse reprisals (though I do not know whether this actually happened or not). The Loveless family in Pickens County (as mentioned above) had been similarly divided over the issue of slavery: James Loveless' presumed nephew Abner Powell Loveless (son of the younger Barton) had been a prominent abolitionist both before and after the war (even serving one term in the "Reconstruction" Georgia legislature in the 1870s). In any case, James' sons Evan and Henry returned home after serving in the Confederate Army, having been discharged upon the formal surrender of troops at Appomattox in April of 1865. Son Evan, upon his arrival in Atlanta (according to the family tradition) was treated in a local hospital for illnesses he had acquired during his military service. The doctor who treated him was Furman Runyan (wife Mary Rippy, from a family closely connected with the Watson, Roe, and Talley families in North Carolina). Dr. Runyan then lived in Cobb County, Georgia. He shows up there in the 1870 census (after the war) right next door to James' widow Sarah Scott Magbee Loveless! That was surely no coincidence--for you see, it was Dr. Runyan's daughter Louise whom Evan Loveless married in Cobb County, on 19 October, 1865. That right there would have been more than sufficient reason for James Loveless to relocate to Cobb County (circa 1865): he (presumably) had already married a widowwoman, whose first husband's parents and family still resided in Cobb County; and his son Evan had just married the daughter of a doctor in the same vicinity. But then there‘s a still more important reason why James probably would have moved to Cobb County, Georgia: I don't know why I didn't think of this earlier--I've known some of these facts almost all my life. I just didn't make the "connection". I now think that James Albert Loveless moved to Smyrna in Cobb County, Georgia primarily because he was a preacher, and because Smyrna was for many decades in the Nineteenth Century the site of a well-known Methodist "campground". In fact, at the time of the Civil War, the place wasn't even a proper town yet--it was just called "Smyrna Campground". This place figured prominently in Sherman's infamous 'March' through Georgia (on his way to Atlanta). (And I'm willing to bet that the good Rev. Loveless even preached at that campground.) Certainly, he appears to have been a member of the old Smyrna Methodist Episcopal Church (now First United Methodist)--his widow Sarah Jane Scott Magbee Loveless (and a few other indirect family relations) lie buried in what was the old church cemetery (until the church deeded it to the city in 1959). I have not yet been able to look at such membership records as may still exist (although I am pursuing this), but it appears likely he did indeed hold his last membership there.

Death, and Estate Administration

James Loveless died intestate (without leaving a will). According to his greatgranddaughter Dixie Thielet, he is said to have been shot or stabbed, while trying to break up a fight that included one of his friends, during a visit in Knoxville, Tennessee. James Loveless supposedly died as a result of this injury. No indication is given regarding whether James Loveless died in Knoxville itself, or whether he actually made it back home to Cobb County, Georgia before dying. (James‘ brother William lived in Knoxville; perhaps this is the origin of the rumor of the ―falling out between brothers‖ that involved one of the brothers getting shot … ) It can thus be seen that James Loveless died only a year or two after his relocation to Cobb County, Georgia, and at the rather early age of fifty-six. His death must have occurred suddenly and unexpectedly, since he left no will. His two eldest sons Henry H. and Evan J., recently returned from the war, weakened by illness and fatigue, and having witnessed all of the war‘s horrors and atrocities, were named by the court as administrators of James‘ estate, and were now presented with the sad task of laying their father to rest. I have tried to look into the circumstances of James‘ death, which (according to Mrs. Dixie Thielet) took place in Knoxville, Tennessee. I found this website, which has all existing Knoxville newspapers on file with the Tennessee Archives: http://www.knoxcotn.org/library/microfilmnews.html . It looks like the newspaper called "Brownlow's Knoxville Whig", is the one for us to be looking into. The Tennessee Archives has this paper on file from Feb 28, 1866 to Jan 27, 1869--exactly the window in time through which we need to be looking. I need to be able to physically make it to the Tennessee Archives to search the microfilm records of this old newspaper, because it may well contain mention of our ancestor James Loveless‘ accidental murder. As to why James Loveless was in Knoxville--well, that's a very good question--and one for which I have no answer whatsoever. He would not have been there as part of his preaching duties--those were confined to the State of Georgia. (The Georgia Conference-in which he would have been licensed to preach--had boundaries which stopped at the state lines.) He may have gone there for some other church-related reason, but then again, it could have been something else entirely. Until we get further evidence one way or the other, all we can do is wonder "why"? I am wondering if perhaps the Rev. James Albert Loveless didn't perhaps have some small measure of local fame (at the time) as an itinerant preacher--after all, just because we haven't yet seen evidence in favor of it (due to the vicissitudes of time), doesn't automatically mean it wasn't the case. How many of us (for example) has yet read any newspapers from that time--or church records? I'm sure you see my point. Time has

indeed obscured for us much of what actually may have happened. And in some cases, we will probably never know. James Albert Loveless must have been a decent, Christian human being, given the caliber of the children he raised, and the caliber of the grandchildren which they raised. James Loveless, too, left some minor orphan children—and three stepsons as well (and this, too, would have been evidence of his excellent character). (See later.) Following are transcripts of some of the documents connected with the administration of his estate—bare, dry, legal documents which give not one small hint of the quality of the man whose erstwhile earthly possessions they document. (Note: I have written the now-obsolete 'long-s' as an "f"; it is, in fact, an "s"): From "Widow's Support" Book "A", page 9, Cobb County, Georgia: Return of Appraisers appointed to set apart maintenance and support of Sarah Lovelefs, widow of James Lovelefs dec. and her two daughters. List of household furnture: 1 Bed Stead (red), 1 Cotton Mattrefs, 2 Pillows. Bolster. 2 Quilts, 1 Coverlet, 1 Counterpane, 1 Sheet, 1 Oven, 1 Pot, 1 Kettle, 1 Sifter, 1 Tray & Water Bucket, 1 Skillet & lid, 1 Table, 8 Chairs, also 100 dollars support. The following allotted for 12 mos. support: 140 dollars, cash. Jas. N. Russell, John H. Alexander, H.H. White, W.R.M. McIntire, Appraisers. Dated 20 July, 1867. From "Minute" Book "A", page 117, Cobb County, Georgia: It appearing to the court that an Inventory and Appraisement has been made of the goods and chattels, rights and credits of James Lovelefs deceased: And it further appearing that the deceased has left considerable personal property subject to waste or lofs [loss], and that it will be to the interest and advantage of the heirs and creditors of said deceased that all the personal property of said dec. should be sold at the shortest legal notice. It is therefore ordered by the Court that H.H. Lovelefs Administrator upon the estate of James Lovelefs dec. be, and is hereby authorized & empowered to sell all the personal property belonging to the Estate of said deceased, after giving at least Ten days public notice of the sale thereof at 3 or more appropriate public places in said county. August 5th, 1867, Jno. G. Campbell, Ord. And the following is from the "Sale" Book "I", page 33, Cobb County, Georgia: Sale Bill of Personal Property of Estate of James Loveless decd. 1 Wagon Harness [sold to] H. White $22.25 1 Black Sow and 2 Pigs " J.P.Bowie $12.00 1 Cross Cut Saw " J.M.Reed $6.35 1 Black & White Cow " J.M.Kirk $18.00 1 Heifer Yearling " W.R.McIntire $14.25 1 Wagon " """ $13.00

3 Plow Stocks, Heel Bolts [word illegible] & plows 1 Grey Mare Mule 1""" 1 Black Cow & Yearling 1 Table, 1 Key, 2 Blankets 1 Mattrass [sic]

" " " " " "

H. Daniel J.E.White W.R.McIntire S.Loveless " "

$11.10 $100.00 $127.00 $32.00 $1.00 $3.00 __________ $349.95

Sworn & Subscribed before Ordinary by H.H.Loveless, Nov.20,1867 Recorded Dec.12th, 1867, Jno.G.Campbell, Ordinary.

No real estate of any size, shape, or description whatsoever was recorded as belonging to James Lovelace at the time of his death. His widow Sarah later resided on a small parcel of land (only twenty-eight acres—barely enough on which to grow a vegetable garden) now near the present-day intersection of Magbee Drive SE and South Cobb Drive. This area is near present-day Tolleson Park. The ―Magbee Drive‖ in question apparently received its name because of James Loveless‘ step-son Laban S. Magbee, who purchased the property from his mother Sarah Magbee Loveless in 1884, and evidently lived there for a time after Sarah‘s death in 1888. In passing, I cannot help but comment on the poignancy of the spectacle of the aged widow Sarah Loveless, being forced by straightened economic circumstances and the laws of her day and time to buy back with the small amount of money she was allotted from her deceased husband's estate some few small items of what she no doubt had considered her belongings. From the relative paucity of James Loveless‘ estate at the time of his death, compared with what he had possessed previously, I can only come to the conclusion (as mentioned above) that the Civil War, and the economic collapse of the southern economy immediately after the war, evidently hit him hard.

Where might James Albert Loveless be buried?

I now think I know where James Albert Loveless lies buried. I cannot prove this, but I believe he lies buried in an unmarked grave, beside his second wife and widow, Sarah Jane Scott Magbee Loveless, in the Old Smyrna (City) Cemetery (also called Smyrna Memorial Cemetery), in Cobb County, Georgia. This is where he lived at the time of his death in 1867. The reasons I believe James Loveless lies buried in Smyrna Memorial Cemetery are as follows: (1) There is an unmarked (adult?) grave adjacent to Sarah Scott Magbee Loveless.

(2) Sarah Magbee Loveless' first husband had died in 1858 (a decade earlier) in Chambers County, Alabama, and was very likely buried there (notwithstanding that his family continued to reside in Cobb County). (3) Sarah Magbee Loveless' first husband is not known to be buried in Smyrna Memorial. (4) James A. Loveless, Sarah Scott Magbee's second husband, is known to have been a circuit-riding Methodist preacher in North Georgia. Very probably he preached at the old Smyrna Campground, and was familiar with the Smyrna area. (5) James Loveless evidently lived in the Smyrna area in the years prior to his death. His widow continued to reside there until her death in 1888, and James Loveless' estate was probated in Cobb County, beginning in June, 1867. Several of James Loveless' children also married in Cobb County, in the 1860s, 1870s, and 1880s. (James Loveless' last known residence was apparently in the area along South Cobb Drive where Magbee Drive is now located. This is where his widow's property was when she died in 1888.) You might also find this interesting--it's a survey of the cemetery in Smyrna Georgia where Sarah Magbee Loveless lies buried. www.smyrnahistory.org/docs/smc_listing.pdf Now this is important--Note that this cemetery was originally the church burial ground for the Smyrna Methodist Episcopal Church! I strongly suspect that James Albert Loveless was probably involved in the Smyrna Methodist Episcopal Church (now First United Methodist) before he died. This may have been the very church where James Loveless last held his membership. Also buried in this cemetery are the members of the Stanback family--it was James Albert Stanback (note his given names) who was the first husband of James Albert Loveless' youngest daughter Lillie Barton Loveless. I feel certain that this had to have been the church James Albert Loveless attended before he died.

Sarah Magbee Loveless, widow of James James Loveless‘ widow Sarah appeared in the 1870 census as follows: ―Lovelace, Sarah J., W[hite], F[emale], [age] 50,‖ together with one daughter, Lillie, (age 3), and three sons, James (age 18), (Laban) Samuel (age 16), and Johnie (age 13). Those sons (although their surnames were not recorded in this census) were by her first husband, Dr. Magbee. Sarah Magbee Loveless and children were enumerated in the 34 th Enumeration District of the 1st Supervisor‘s District of Georgia, comprising Smyrna and Lemon‘s

Districts. Her name was recorded in the census as ―Lovelace‖—exactly as I have shown it here. Sarah Magbee Loveless also died intestate in Cobb County, on 13 February, 1888. Her son Laban S. Magbee, listed as her "next-of-kin", posted bond to administer Sarah's pitifully small estate on 10 February, 1889. These transactions were recorded in Minutes book C, page 81, Bonds book B, page 18, Letters book B, page 23, and Inventory book A, page 437. Some five years previous, however, Sarah had sold her remaining real estate to her son L[aban] S. Magbee, for the sum of $350.00. This transaction took place on 7 January, 1884, and the property in question was twenty-eight acres cut off from the east side of Land Lot Number 454, in the 17th District, 2nd Section of Cobb County, Georgia (see map, above). The reference for this deed is Book ―Z‖, page 49. It was only a very small plot of land, with only one small house thereon. Curiously, though, this deed between the widowed Sarah Magbee Loveless and her son Laban S. Magbee was not filed in court until 24 January, 1900—sixteen years later! What was going on here? Since the administration papers for the estate of her late husband James Loveless do not specifically list any of his real estate or locations of the same, this one small reference is apparently the only one we possess which shows where James Loveless very likely lived at the time of his death in 1867. Now, at last, we can see what probably had happened to James Loveless at the end of the war: this man who once bought and sold thousands of acres of land, apparently left only one small twenty-eight acre lot to his widow and heirs. The 1872 ―Phillips‖ map of the Atlanta campaign, in addition to laying out troop movements in and around Atlanta during the summer of 1864, also (amazingly) shows landholders—and even vacant houses--for most of the area of Atlanta and suburbs in that same fateful year. Shown in the area of what is now Paper Mill Road and Atlanta Country Club Drive (our ancestor had good taste in real estate…) was the ―Loveless‖ homestead. This area, very close to both Rottenwood and Sope Creeks, is due east of Marietta and somewhat northeast of Smyrna, and is only a few miles down the Chattahoochee River from Roswell.


The children of James Albert ―Jim‖ Loveless and his first wife Sarah ―Sally‖ Nicholson were:

1) 2) 3) 4) 5) 6) 7) 8) 9) 10)

Henry Henson Loveless (1836-1902), Mary Lovelace (ca.1839-unknown), Evan Jackson Loveless (1840-1920), Malinda Lovelace (ca.1841-unknown), Samuel L. Loveless (ca.1845-ca.1864?), Jane Nett Lovelace (1846-1935), Martha Lovelace (1848-1886), James Loveless (ca.1851-unknown), Sarah E. Lovelace (ca.1855-unknown), Amy Adline Loveless (1857-1897),

The child of James Albert ―Jim‖ Loveless and his second wife Sarah Jane Scott (widow of Dr. James M. Magbee) was:

1) Lillie Barton Loveless


Laban S. Magbee, son of Sarah Magbee Loveless, and stepson of James Loveless

Laban Samuel Magbee was born on 23 February, 1854, in Chambers County, Alabama, and died in Smyrna, Cobb County, Georgia, on 24 August, 1918 (See Magbee Excursus, Chapter Six, below). His father was Dr. James M. Magbee, who died in Chambers County, Alabama, in 1858. Laban‘s wife was a Margaret Elizabeth Prather, and they were the parents of at least four children: Thomas Guy Magbee (born 16 December 1890), Laura Camilla Magbee (born 13 December, 1895), Maude Magbee (born ca. 1897), and Laban Sidney Magbee (born ca. 1899), almost certainly the same man who would wed Sarah Magbee Loveless‘ granddaughter Marie Bradbury in 1921. In 1986, Jeanette Peebles, a great-granddaughter of Sarah (Nicholson) Loveless, said that her great-aunt Lillie Loveless had been a ―half-sister or step-sister‖ to her grandmother Jane Nett Lovelace Keheley. (This Lillie Loveless was the same daughter of James who later married Paul Henry Bradbury, and produced the daughter Marie who would become the wife of Laban Sidney Magbee in 1921)

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