A patent certificate was issued to Benson in 1843 by the Land Office. It is interesting to note that this order was signed by the then U. S. President, John Tyler and certified by J. H. Timple who was acting recorder of the General Land Office in Washington, D.C.
A warranty deed for 15 1/3 acres was issued to Willis Allen from A.T. Benson and his wife Julie Ann for a consideration of $200 on February 23, 1850.
The lot at 402 South Market Street sits astride the dividing line of East and West Marion. An 85′ by 402′ strip was deeded from L. A. and Annie Goddard to J.C. Mitchell (wife, Lillie, died in 1902) on March 31, 1892. He died in May, 1927, and his wife Julia died in March, 1948. This J. C. Mitchell was the grandfather of the J. C. Mitchell who also later practiced law in Marion.
On February 3, 1949, the property was deeded to Eugene Cox from the J. C. Mitchell estate (Verna Mitchell Parker, daughter of J. C. was administrator at the time of the estate).
Then, on June 20, 1983, Eugene L. Cox and Shirley Cox sold the properly to Frank L. and Margaret Peck.
In January 22, 1987, Joseph L. (Joe) and Orline Williams became the owners and occupants of this most attractive home which now occupies a 127.2′ by 272′ lot. Joe was a retired Prudential Representative and Orline is a retired Community Unit 2 public school teacher in Marion. Joe passed away on Sept 16, 2012.
Note: This building in referenced in Historical Architecture of Marion
Following article published in the Marion Daily Republican, January 8, 1951
97 Year Old Home Being Reconstructed
New Home of Mr. and Mrs. Eugene Cox Will Retain Pre-Civil War Frame
For their new home at 402 S. Market Street Mr. and Mrs. Eugene Cox are modernizing a stately old house which has stood for nearly a century.
When completed it will have nine or ten rooms, three baths, a patio and modern heating as well as other conveniences and architectural innovations of the present day. But the framework will be the hand hewn timbers which are as sturdy today as they were when they were mortised and fitted together with wooden pins 97 years ago.
The nineteenth century building which is being given a 1951 treatment is the former home of the late J.C. Mitchell which was one of the two S. Market residences that stood during the Civil War. Mr. and Mrs. Cox acquired the two story home and site from the Mitchell estate, and have begun building their new home upon the framework of the old one rather than raze the fine old structure to make way for a home of entirely new design and material.
Aside from the historical aspect of the house which was built so long ago, the new owners found in it a wealth of sound materials and workmanship worth many thousands of dollars in the present day measurement of both commodities. Timbers, which went into its construction are not found in houses today and the years have not lessened the likelihood that they will stand for another century.
The frame of the house is built of white oak timbers, 8 inches by 10 inches in thickness. The “plates” or timbers which form the top of the framing upon which the rafters rest are five inch by six inch oak. The studding is three inch by five inch oak timbers, extending from the sills, 19 feet upwards to the ceiling of the second floor rooms. The ceiling boards are six inch poplar and so is the flooring.
Here and there in the walls, carpenters have found poplar boards as much as 20 inches in width.
Hand-wrought iron nails were used in the construction except in the heavier frame work where wooden pins were employed.
This type of construction is found in the two rooms downstairs and two rooms upstairs which composed the original structure erected in 1854. Additions of more modern materials and pattern were made about 60 years ago, and some even later.
Perhaps the first residence to be built on S. Market Street, the building was erected on a site which was part of a 33.65 acre tract obtained from the government March 3, 1843 by Archibald Thomas Benson. Benson was the owner of the original town site on which Marion was established as the county sear of the new county of Williamson in 1839.
During the Civil War period the property was the home of William J. Allen, known then as Judge “Josh” Allen, a law partner of General John A. Logan. Allen sold it to William N. Mitchell, father of the late J.C. Mitchell, former First National Bank president, in 1866.
The modernized structure will retain the general lines of the original building and present plans are to keep the leaded in colored glass panes in the doors which open from the second floor to a small balcony over the front porch. These ornamental windows are one of the characteristics of the era in which the house was built.
The house which sits back from the street will have a circular drive-way through the spacious lawn in front.
The contractor on the reconstruction job which is getting underway after several weeks of tearing out ancient fireplaces, abandoned interior carpentry work is Henry Sullins, Marion builder. He estimates the job will require several months to complete.
The former Mitchell home is the second ante bellum residence on S. Market to be reconstructed. Mr. and Mrs. Robert Moore a few years ago remodeled the two-story brick house at 514 S. Market which is the only other house on the street which dates back to the Civil War period. The Moore home was built some time before 1861 for Dr. A.N. Lodge whose property then adjoined the Allen property where the Mitchell house was built, although the two are now more than a block apart.
(Photos courtesy of Ron Emery and the Wiliamson County Historical Society)