Peyton Hathcock married Cherry Morris in Madison Co AL in 1823. The family is listed in the 1830 census of Madison Co AL--it consisted of a male 20-30 (Peyton), a female 20-30 (Cherry), a male 5-10, a male under 5 and a female under 5 (Manerva). [The male 5-10 could possibly have been a son named John and the male under 5 might have been James Andrew.]

It appears that Peyton left his family about 1838 and moved to Haywood Co TN, where he either married or took up a common-law marriage relationship with Ann Newman. The 1840 census of Madison Co AL lists Cherry Heathcock as head of household, along with three sons and three daughters. In that same year, Peyton Heathcock was enumerated in Haywood Co TN, living with a female (Ann Newman), a son and a daughter, both under 5.

No record of a divorce has been found, nor has a record of a marriage between Peyton and Ann Newman in Haywood Co TN been found. However, Haywood Co did not begin keeping marriage records until 1859.

Peyton and Ann Newman had six children and it appears that Ann died sometime after 1850, as she was not listed with the family in the 1860 census of Haywood Co TN. In that census, Peyton is listed with his new wife, Mary Ann Hood (age 33), his son William (age 20) and daughters Rebecca (age 14), Sara (age 12) and Mary E. (age 10). Also with the family in the 1860 census was Emily Hood (age 16), daughter of Mary Ann Hood.

It is possible that Peyton had a third family, as there is a listing for Peyton Hathcock and wife Martha in the 1850 Haywood Co TN census. See following note for more on this.

Peyton Hathcock and Some of His Descendents (by Marjorie Hood Fischer, 1983)108

The first recorded information found on Peyton Hathcock is in Marriage Book 3, page 267, Madison County, Alabama, indicating that he married Cherry Morris on 27 December 1823. He was about 21 years old. Various census records, tax lists, land records, etc. would indicate that Peyton was born about 1802 in Elbert County, Georgia, the son of John Hathcock, Sr. and his wife, Sarah Jones. Sarah Jones was the daughter of Nathan Jones, a soldier in the Revolutionary War, and his wife, Courtney Bell. The families of John Hathcock, Sr. and Denton Hathcock (believed to be the brother of John Sr.) came from Elbert County, Georgia to Madison County, Alabama between 1812 and 1818. Denton Hathcock later moved to Haywood County where Peyton lived in Tennessee. John Hathcock, Sr. continued to live in Madison County, Alabama and probably died there sometime after the 1860 census, when he was listed as 85 years of age. It was probably about 1867 but no record has been found showing the date of his death. (See Section 1.3.)

Was he a scoundrel, a scalawag, or a scapegoat? I haven't decided which of these words best describes this elusive ancestor. He was certainly not dull and he did produce some very fine descendents. Presented are the records as I have found them.

The reader may decide as to his character.

Peyton Hathcock was listed with his family on the 1830 census in Madison County, Alabama and was shown to be between 20 and 30 years of age. His wife, Cherry Morris Hathcock, was also between 20 and 30 years of age. They had two sons and one daughter at that time.

The 1840 Census of Madison County, Alabama did not enumerate Peyton. His wife, Cherry Morris Hathcock, however was listed as head of the household, with two sons and three daughters: male 15-20, female 5-10, female 5-10, male 5-10, female 0-5. (There should have been two males over 10 years old according to the Census of 1830.)

Where was Peyton Hathcock in 1840? I believe that the Peyton Hathcock who was shown in Haywood County, Tennessee in 1840 is the same man. His uncle, Denton Hathcock, had moved from Madison County, Alabama to Haywood County, Tennessee at an earlier date. The Peyton was listed in Haywood County as between 30 and 40 years old. This is the correct age for the Peyton who was previously listed in Madison County, Alabama in 1830. In Haywood County Peyton had a wife who was between 20 and 30 and two children, a male and a female both between 0 and 5 years of age.

Although there is no positive proof, I believe that Peyton Hathcock married Cherry Morris in Alabama and had at least five Children by her, then left his family in Alabama and went to Tennessee where he started another family. I have found no divorce from Cherry Morris nor a marriage to Ann Newman, however marriage records are not available for Haywood County, Tennessee during this time period.

Peyton Hathcock did appear on records in Madison County, Alabama in 1843 and in 1844 although he was not listed on the 1840 nor on the 1850 census there. In Deed Book U, page 142, is listed a Deed of Trust from Peyton to Jacob H. Pierce. It stated that pierce was security for Peyton for his appearance in Court and also as security to Joseph Rice and William Davis, Executors of Samuel Davis, deceased. To secure the payment of the bonds, Peyton gave Pierce a Deed of Trust on 31 January 1843 on a parcel of land, "to wit: the North East quarter of the North West quarter of Section Number 19 of Township Number 2 of Range Number 2 East containing forty acres and 50/100 of an acre more or less."

The above mortgaged land is identical to land granted to John Hathcock, Sr. in 1833. Recorded as Land Grant No. 6288, granted to John Heathcock, the North East 1/4 of North West 1/4 of Section Number 19, Township Number 2 of Range Number 2 East containing 40 and 50/100 acres. I have not been able to find a record of how this land passed from John Sr. to Peyton, but this seems to be reasonable evidence that Peyton was the son of John Hathcock, Sr.

In the Madison County, Alabama Court Minutes for March 1844, a record shows that a suit was brought against Peyton by Robert C. Deason. The suit was started in March 1843 for a debt of $48.32. The land described above was sold to satisfy the debt.

Also in the March Term of the same Court 1844, were three suits against Peyton Hathcock: Number 980, State vs Peyton Hathcock, Indictment for disorderly house. Number 983, State vs Peyton Heathcock, Indictment for Retailing. Number 986, State vs Peyton Heathcock on scifa (NB; Probably SCIRE FACIAS, an old legal term relating to seizure of lands). All three cases were dropped and the State declined to prosecute. It would appear that Peyton did live in Madison County at that time because he would not have been indicted for keeping a disorderly house or of retailing (selling liquor without a license) if he did not live in the county. Nevertheless, it is still my belief that this was the same Peyton who had a wife and children living in Haywood County, Tennessee.

The next records of Peyton Hathcock are the listings on the 1850 census. Cherry Morris Hathcock was still listed as the head of the household in Madison County, Alabama. She was 45 years old. With her was Manervia age 20, Pamelia age 18, William age 16, Roma (or Raun) age 12. The two sons who were born before 1830 are not shown. Peyton Hathcock is listed on the 1850 census in Lauderdale County, Tennessee, which adjoins Haywood county, Tennessee. He was shown as age 48 and born in Georgia. with him were Ann age 38, John T. age 12, William H. age 10, Mary F. age 9, Rebecca J. age 5, Sarah J. age 3 and Mary E. age 4/12. Probably the ages for William H. and Mary F. were reversed, as William H. Hathcock is known to have been born in 1842.

One may wonder at Peyton's having a son named William by his first wife and also a son named William by his second wife. In my research, I have found that this is not uncommon. Also he apparently had two daughters named Mary by the same wife, so why not two Williams living in separate households?

Now things start to get even more complicated. At the same time that Peyton was listed on the census in Lauderdale county, Tennessee in 1850, there was another Peyton Hathcock listed in Haywood county Census of 1850. This Peyton was shown as 58 years old and was born in North Carolina. with him was Martha age 25 born in Georgia, Mary age 3 and Ellen age 1 both born in Tennessee. Is this the same Peyton Hathcock with still another family? It may be but I am not convinced that it is. For one thing, the Peyton in subject here continued to list his age younger and younger on the later censuses and I do not understand why he would list his age as 10 years older than he actually was. I have also been informed that there was a Peyton Hathcock shown at an earlier date in North Carolina. If this is the same man then he was something worse than a scoundrel.

The second wife of Peyton was Ann Newman Hathcock, who probably died soon after the 1850 census. Peyton and his children had moved from Lauderdale county back to Haywood County by 1853. Sometime before 1853 he married his third wife, Mary Ann Hood, widow of Henry W. Hood and daughter of Wiley Jones Humphreys and his wife Levicey Jane Link. Haywood County Deed Book U, page 116, has an entry stating that Peyton Hethcock had married Mary Ann Hood, widow of Henry W. Hood deceased. Henry had owned 59 acres of land and she released her right of dower in this land so it could be sold for the benefit of the children of Henry Hood, deceased. They had four daughters.

Peyton Hathcock appeared several times in the Court records of Haywood County. Whether it is all the same man or two different Peytons remains unresolved. At the June court term 1851, Peyton Heathcock and Martha Heathcock were indicted for lewdness. At the February term 1852, a jury found them not guilty. At the same term of court, William W. Womble declined to prosecute the suit for a peace warrant against Peyton Hathcock. At the June term 1852, the grand jury returned 3 bills against Peyton Hathcock, 2 for selling liquor on Sunday and 1 for selling liquor to a slave. It could very well be that all of the above suits were against the older Peyton who was living with Martha in 1850. Apparently he was the Peyton Hathcock who was taxed on 42 acres of land in District 6 in 1849. No more cases appeared in the Courts after the above dates. I have tried to find the Peyton in subject here in the records of Lauderdale County at the same time that this other Peyton was in Haywood County, but was unable to do so except for the 1850 census.

Peyton was still in Haywood county at the time the 1860 census was taken. He was shown as age 50 (should have been about 58). with him was his third (?) wife, Mary (widow of Henry Hood) at age 33 (should have been 43) and William age 20, Rebecca age 14, Sarah age 12, Mary E. age 10 and Emily Hood age 16. Emily Hood was the youngest of the four daughters of Mary Ann and Henry Hood. Two of Peyton’s children by Ann Newman were married in 1860 and were listed in their own households.

The last time a Peyton Hathcock is found in Tennessee was on the 1870 census of Fayette County. It is not certain that this is the Peyton in subject but I believe that it is. He was shown as age 59 (should have been 68). He was living in the household of Alex Branan. Some of the children of Denton Hathcock, who is believed to be the uncle of Peyton, were also living in Fayette County. I have searched the records of Fayette county but have not found anything else about Peyton Hathcock.

1830 Census of Madison Co AL

Males: 1 (20-29), 1 (5-9), 1 (<5)
Females: 1 (20-29), 1 (<5)
Slaves: 7

1840 Census of Haywood Co TN

Males: 1 (30-39), 1 (<5)
Females: 1 (20-29), 1 (<5)

1850 Census of Lauderdale Co TN (29 Oct 1850)

Name Age
Peyton Hathcock 48 b GA
Ann Hathcock 38 b TN
John F Hathcock 12 b TN
Wm H Hathcock 10 b TN
Mary F Hathcock 9 b TN
Rebeca J Hathcock 5 b TN
Sarah J Hathcock 3 b TN
Mary E Hathcock 4/12 b TN

1850 Census of Haywood Co TN (13 Dec 1850)

Name Age
Peyton Hethcock 58 b NC
Martha Hethcock 25 b GA
Mary Hethcock 3 b TN
Ellen Hethcock 1 b TN

[Not known if this is the same Peyton who was also listed in Lauderdale Co]

1860 Census of Haywood Co TN (3 Jul 1860)

Name Age
Peyton Heathcock 50 b AL
Mary Heathcock 33 b TN
Wm Heathcock 20 b TN
Rebecca Heathcock 14 b TN
Sarah Heathcock 12 b TN
Mary E Heathcock 10 b TN
Emily Hood 16 b TN (daughter of Mary Ann Hood from her first marriage)

Cherry Hathcock is recorded as head-of-household in the 1840 Madison Co AL census. The family consisted of a female 30-40 (Cherry), a male 15-20, a male 10-15 (James), a female 10-15 (Manerva), a male 5-10 (William) and two females 5-10 (Pamelia, Roma).

1850 Census of District 34, Madison Co AL

Name Age
Cherry Hethcock 45
Manerva Hethcock 20
Pamelia Hethcock 18
Wm Hethcock 16
Roma Hethcock 12

In the 1860 census of Cottonville, Marshall Co AL, Cherry Heathcock, age 54), is listed with her daughter Permelia S. Heathcock, age 24, and A 19-year old female named Arinia Dods. Cherry gave her place of birth as VA.

Cherry Morris Hathcock is last recorded in the 1870 census of Haywood Co TN, living with the family of her son James Hathcock. Also living with them was Cherry’s youngest daughter, Roma, then 36 years of age.

1870 Census of District 8, Haywood Co TN

Name Age
James Heathcock 46
Mary Heathcock 36
James Heathcock 13
Nannie Heathcock 11
Jno Heathcock 7
Edward Heathcock 5
Chery Heathcock 70
Roein Heathcock 36

Research of Marjorie Fischer.106

“Ann Newman, the 2nd wife of Peyton Hathcock, apparently died shortly after 1850. Peyton then married Mary Ann Hood, widow of Henry Hood. Pleasant and Clarissa Hood came to Haywood Co TN from Amelia Co VA around 1830 when both were about 52 years of age. With them were their two sons, Anthony and Henry, Anthony’s wife and his two small children. It is not known if Henry was married when he came to Tennessee or if he married Mary Ann in Tennessee. Probably the latter, as the census records indicate that Mary ann was born in Tennessee. Henry Hood died before 1850 and his widow and four daughters were living with his parents, Pleasant and Clarissa Hood, according to the 1850 census of Haywood Co TN.

“Evidence from land records indicate that the Hoods and Denton Hathcock, who came to Haywood Co before 1828, were close neighbors. Peyton Hathcock no doubt stayed with his Uncle Denton Hathcock when he first came to Haywood Co and was acquainted with the Hoods. In fact, Mary Frances Hathcock, daughter of Peyton, married Newton Alexander Hood, who was the son of Anthony and grandson of Pleasant Hood. Peyton Hathcock married the widow of Henry Hood between 1850 and 1853. There are many court references in the Guardian Settlement Books in Haywood County Court House regarding the minor heirs of Henry W. Hood and their mother Mary Ann Hood, then wife of Peyton Hathcock. The first such mention is in Book E, page 408, dated 5 Dec 1853. In Deed Book U, page 116, a record states that Peyton Hathcock married Mary Ann Hood, widow of Henry Hood, and she relinquished her dower rights. The land was sold for the benefit of the minor heirs of Henry Hood.”

The maiden name of Mary Ann Hood is assigned without hard evidence. It is based on unsourced internet genealogies.