Rev. Martin W. THORNBERRY

   Another name for Martin was Rev. Martin THORNBURGH.

  Birth Notes:

based on gravestone age calculation

  Noted events in his life were:

• Alt. Birth, Abt 1813, VA.

• Tax List, 1838, Washington County, AR. Name: Martin W. Thornsberry
State: AR
County: Washington County
Township: No Township Listed
Year: 1838
Record Type: Tax list
Page: 021
Database: AR 1830-1839 Tax Lists Index

• Occupation: postmaster, 1848, Washington County, AR. Sylva: John Cole, May, 1838; Charles I. Severs, November, 1843; Martin W. Thornberry, June, 1848; Joel P. Blair, May, 1849; Joseph M. Dickson, November, 1850; William Jones, March, 1851; Martin W. Thornberry, December, 1851; changed to Cincinnati February, 1857.

• Legal: Thornberry et al vs Baxter et al, 1856, Washington County, AR. Reports of cases at law and in equity argued and determined in the Supreme Court of Arkansas, Volume 24
Published by B.J. Borden, 1867

Thornberry et al vs Baxter et al , p76-78

Appeal from Washington Circuit Court in Chancery
Hon John M Wilson Circuit Judge
Watkins for the appellants
Mr Justice Fairchild delivered the opinion of tho court

On the 21st of April 1856 Martin W Thornberry conveyed unto Walter T Thornberry a large amount of lands a number of negroes a stock of merchandize accounts and evidences of debt and other personal property in trust for the payment of all debts which he owed. The debts were divided into two classes and those of the first class were to be fully paid and in the order in which they were specified in the deed while those of the second class comprising the residue of his indebtedness were to be paid ratably as money conld be procured for their payment from the property conveyed. The creditors included in the second class were named but provision was made for any that might be omitted from specification the expressed intent of the deed being that all of the creditors of Martin W Thornberry except the preferred ones of the first class should stand upon an equal footing. There were many provisions in the deed which need not be noticed as the only question now to be considered is whether the demurrer that was interposed to the bill filed in this case should have been sustained for want of proper parties.

The bill was brought by a large number of creditors of the second class who had not accepted the provisions of the deed against Martin W Thornberry and his wife tho grantors and against Walter T Thornberry the grantee in the deed and did not attempt to bring before the court other creditors of the second class or any of the numerous class of preferred creditors. The bill alleged that several of the pieces of land contained in the deed had been conveyed by the trustee to persons named and that other property as negroes had also been sold to persons known to the plaintiffs. Without any recognition of the interests of other creditors beneficiaries of the deed of trust or of the claims that could be set up by the vendees and buyers of the trust property the bill sought to have the deed set aside for being fraudulent and void. If the bill had clearly shown that the sales made by the trustee would not bo disturbed and that the plaintiffs elected that the proceeds of the sales should go into the fund instead of the property sold and conveyed the plaintiffs might perhaps have been excused from making the purchasers of the property parties but in no event could the preferred and omitted creditors have been passed by without having been brought into court for an opportunity to protect their interests.

The defendant Walter T Thornberry raised these points in a demurrer as objections to the bill but it was overruled and in default of answers the circuit court of Washington county sitting in chancery declared the deed to bo fraudulent and void and required Walter T Thornberry to account for his dealings with the trust property and turn over that remaining to a receiver appointed by the court.

The demurrer should have been sustained the decree is reversed the case is to be sent back with instructions to sustain the demurrer with leave to the plaintiffs to amend their bill.

• Reference: History of Methodism in Arkansas, 1892, AR. p342
The following items from the Rev. M. D. Steele will be read with interest by those who are acquainted with that part of the State : " Elm Spring is a small village located in Washington County. The Elm Spring Circuit was organized in 18 \emdash , and was formerly a part of the Fayetteville Circuit. The Church at Elm Spring was organized sometime in the forties. The church building was burned down during the war, so that when services were resumed after the return of peace they were held in private houses for a time. The Church was reorganized in 1865, and I began to hold services in this place ; a glorious revival followed which lasted about two years, in which I was assisted by Rev. Martin Thornburgh and Rev. James Simpson, local preachers. During this time there were about 120 accessions to the Church ; among that number were P. B. Hopkins, of the Arkansas Conference, and Benjamin H. Greathouse, for many years a member of the same Conference.''

• Alt. Death, 4 Nov 1871, Newton County, MO.

• Cemetery: Weems Cemetery - Wanda, MO, 1871, Newton County, MO. Death: Nov. 8, 1871
AGE 66 YEARS 4 DAYS

Martin married Talitha WEEMS, daughter of Jones WEEMS and Betheney POGUE, ca. 1850. (Talitha WEEMS was born on 13 Dec 1828 in Greene County, TN and died on 21 Dec 1878 in Newton County, MO.)