COURT: Pope vs. McGee, 1800, Bullitt Co., KY ******************************************************************************* USGENWEB ARCHIVES NOTICE: These electronic pages may NOT be reproduced in any format for profit or presentation by any other organization or persons. Persons or organizations desiring to use this material, must obtain the written consent of the contributor, or the legal representative of the submitter, and contact the listed USGenWeb archivist with proof of this consent. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. http://www.usgwarchives.net Transcribed and submitted by: Maria Troutman (RiaTroutman@aol.com) ******************************************************************************* Benjamin POPE Jr. Vs. Patrick MCGEE Bullitt Circuit Court Judgments # 1 (v. 13) Your orator, Benjamin POPE, Jr., would show that his father Benjamin POPE, Sr and a certain Patrick MCGEE the 19th October 1786 made an exchange of land -- that is to say the said MCGEE agreed to give the said Benjamin, your orator’s father, the tract on which the said MCGEE then resided on Salt River, commonly known as the Ferry Tract, containing 450 acres for lands of the said POPE on the Beech Fork and Your Orator’s father executed his obligation to the said MCGEE for the conveyance to the said MCGEE for the conveyance of the land to be given in exchange on his part, which bond your Orator’s father had long since satisfied and complied with yr. Orator further states that the said MCGEE at the same time to wit: on the said 19th day of October 1786, executed his bond to your Orator’s father, the said Benjamin POPE, Sr., in the penalty of 1000 pounds current money of Virginia conditioned for the conveyance of the said Ferry Tract by a good and sufficient deed or deeds which bond is in the following words and figures to wit "know all men by these presents that I, Patrick MCGEE, etc., " which bond your Orator prays may be taken and considered part of this bill. Your Orator further states that the said Benjamin POPE, Sr., on the 23rd day of August 1799, by his endorsement on the said bond assigned the same to your Orator which assignment your Orator also prays may be taken as part of this bill. Your Orator further states that the tract known by the name of Ferry Tract at the time of the aforesaid contract of exchange and contemplated by the parties was a part of three tracts of land surveyed in the name of John EDWARDS and conveyed by the said EDWARDS to the said MCGEE and bounded as follows to wit: Beginning at 3 maples on Salt River, being the lower corner of a track of land of 450 acres conveyed by the said MCGEE to a certain Michael TROUTMAN running thence S23E 556 poles to two white oaks (illegible) corner to a track of 450 acres conveyed by the said MCGEE to Richard SIMMONS thence S67W 142 poles to a tract of 400 acres surveyed for William POPE and Paul FROMAN, asee - thence N23W 502 poles to a large hickory, two beeches and small walnut on the bank of Salt River - thence up Salt River to the beginning. Your Orator further states that the land yr Orator’s said father gave the said MCGEE in exchange was conveyed by a deed with general warranty and such conveyances was conveyed by a deed with general warranty and such conveyances your Orator conceived was contemplated by the parties at the time of the contract of exchange as afsd. Yr. Orator further states that the said MCGEE fraudulently designing to evade the force and effect of his said obligation, although frequently requested by your Orator’s father before the said assignment and by your orator since, has altogether refused and neglected to convey the said Ferry Tract pursuant to his said writing obligatory. Your Orator further states that the said Ferry Tract includes the plantation on which Your Orator’s father now lives all which acting’s and doings of the said deft. Are fraudulent and contrary to equity and good conscience. POPE for compt. Bill was filed Jan. Term 1800, -- July term, dismissed by ptff.