Heirs of Samuel West 1848 ------------------------------------------------------------------------- Contributed to the Estill Co., KY Archives by: Jen Bawden Originally published in the ECHGS Newsletter & used with their permission Date: 05/16/1999 ------------------------------------------------------------------------- Willis West, Nicholas West, Samuel West, Nancy Park and her husband Pleasant H. Park, William Sweringer and Eliza his wife, Charles Powell and Lydia his wife, Jesse Clive and Minerva his wife and James West. vs. John Tipton and Sally his wife, John W. Reynolds and Lucy his wife, Reuben S. Tipton and Elizabeth his wife, Tinsley West and the children of Hiram West, deceased, of Indiana, William, Samuel, James, Sidney, Simpson, Nicholas and Willis and their Heirs To the honorable Judge of the Estill Circuit Court in Chancery Sitting. Humbly complaining showth unto your orator and oratrix, Willis West, Nicholas West, Samuel West, nancy Part late Nancy West and her husband Pleasant H. Park, william Swearinger and his wife Elize Swearinger, late Eliza West, Charles E. Powell and Lydia Powell his wife, late Lydia West, Jessee Clive and Minerva his wife, late Minerva West, and James West, that on the day of the 18th, Samuel West departed this life in the state of Indiana Intestate leaving your complainants, his children and Heirs-at-law together with John Tipton and his wife Sally Tipton late Sally West, john W. Reynolds and Lucy Reynolds his wife, late Lucy West and Tinsley West and Reuben S. Tipton and his wife Elizabeth tipton late Elizabeth West and Hiram West who is now dead, leaving ten children all of whom are infants except the first named towit: William West, Samuel West, James West, Sidney West, Simpson West, Nicholas West and Willis West, the other three names are unknown and they said Hiram West's children are all non-residents of Kentucky and residents of Indiana. Your orator and oratrix further show unto your honor that said Samuel West send Deed at the time of his death was the owner in fee on seven hundred acres of land situated lying and being in the County of Estill, Kentucky and within the jurisdiction of this Honorable Court, said land is situated on the headwaters of Cow Creek and the same whereon the said John Tipton now resides and the same place the said decendant moved from when he left the State of kentucky. They further charge that the said John Tipton has been in the possession of the said land for about eleven years under said decendant with a promise to account for and pay a reasonable rent, but the same was not in writing, but they charge that since the death of decendant he holds the land aforesaid, claims it as his own and refused to account for or pay the reasonable rent or surrender the possession of any part of the land to your orator or oratrix, although after requested so to do he refused to make partition and division of so land according to law, but witholds the possession from your orator and oratrix and has committed great waste upon said land. They further charge that said land has been worth one year with another as rent $30.00 since the said Tipton came into the possession of the same. They pray your honor to take cognizance of their case and grant unto them appropriate relief. They pray that the said John Tipton and Sally his wife, John W. Reynolds and Lucy his wife, Tinsley West and Reuben S. Tipton and Elizabeth his wife and aforesaid named persons, children of the said Hiram West and the unknown Heirs of said Hiram be all made defendants to this Bill. The allegations hereof and on a final hearing they pray that said John Tipton be compelled to account for the rents of said land and the waste committed by him. They also pray a partition and division of said land among the several Heirs of said decendant according to the rules of equity, they could however prefer a sale of said land as they are satisfied it would rebound to the interest of all the Heirs to have the same sold and they therefore call on the said Defendants to say whether they will consent to a sale of the same and on hearing, they pray for general relief. Deposition of Samuel W. Tipton The deposition of Samuel W. Tipton taken at Stephen Noland's law office in Irvine, Kentucky on 21st. day of October, 1851, agreeable to the Notice hereto annexed to be read as evidence on the part of the defendant John Tipton in a suit in Chancery pending in the Estill Circuit Court. Wherein Willis West and others are complainants and John Tipton and others are defendants. The deponent being of lawful age and first duly sworn deposeth and saith: Q by defendant for Tipton: Do you know how John Tipton obtained possession of Samuel West's farm? And what sort of repair he kept it in? A: I do not know how John Tipton obtained possession of said farm. I know that said Tipton clear some ground and put up some new fence on said farm whilst he resided on it during said Tipton's occupancy of said farm. A part of the old fence was burned by the woods being on fire. I assisted said John Tipton in trying to put out the fire and saved the fence and we laboured hard to do so but could not succeed in saving all the fence, as it was surrounding by the fire in the woods It is my impression that said John Tipton cleared about ten acres of land on said farm whilst he occupied it, and he had some fifteen or sixteen hundred rails made in fence besides other rails made and put up at other times, the numbers of which I do not know. Q by defendant for Tipton: Did you hear the parties speak of the possession of the said farm? A. I heard them speak of it in a conversation the substance of which was about as follows towit: in the conversation West asked Tipton how he got possession of farm and Tipton said he got possession on the condition that he was to keep said farm in as good repair as he could. West contends that he, Tipton, was to keep said farm in as good repair as it was when he got it. West demanded possession of said farm. Tipton replied that he had thought that he would not give him possession but that he had now concluded that he would surrender possession to said West. This conversation took place in the fall of the year and Tipton moved from said farm in the next February or March. In the same conversation West stated that it was the understanding when Tipton got possession of the farm that he was to hold it one year and was then to move to the State of Indiana and Tipton admitted such to be the fact. John Tipton owned three shares in said farm at the time West demanded the possession. Q by complainant Counsel: How long did defendant John Tipton hold the possession of the land in controversy and at the time Willis West demanded the possession of defendant and did he not require immediate possession? A: it is my best impression that Samuel West left the state in 1836 or 1837 and John Tipton occupied and held possession of said farm from the time Samuel West left it until he, Tipton, moved off, which according to my best collection was in February or March, 1848. When West demanded the possession, he required immediate possession. Tipton did not deliver possession at that time but held on until the next February or March as before stated. Q by complainant Counsel: Are you or not well acquainted with the land to speak of the value of the rents and if so, what has said land been worth as rent one year with another since Tipton held it and when did said Samuel West die? I cannot say definitely what it would be worth but suppose it would be worth forty dollars per year as rent, one year with another since Tipton had possession. I do not recollect how precisely what time Samuel West died. I think he has been dead some four or five years. He died before this suit was commenced, but how long before I do not recollect. I do not recollect how long the rails before spoken of, were made before Tipton left the land, but suppose it was two or three years. The land cleared by Tipton herein before spoken of was principally land that had once been cleared and had grown up in brushes and briars before Samuel West left it, and a small portion of the land never had been cleared. I do not know how long the land was cleared before Tipton left it, but give it my opinion that he raised some two or three crops on the land that he cleared before he moved off. I do not know by what authority Tipton cleared the land. Tipton did not rebuild the fence that was burned down which left some eight or ten acres of the land unenclosed and did not afterwards cultivate the same which grew up in briars and bushes. a part of the other fence was in bad condition and considerable portion of the fence row were grown up in briars and brushes when Tipton left the land. I do not know what condition it was in when Tipton moved on it. The fence burned down some years before Tipton left the land. Samuel W. Tipton Deposition of Berryman Adams I was living near the land in contest in 1848 after John Tipton moved off. There was a pretty good chance of apples in the orchard on the land in contest which I proposed buying from Tipton, which he refused to sell for fear, as he stated, that he would lay himself liable to a law suit, he however, afterwards consulted with William L. Tipton who advised him that there would be nothing wrong in his selling his interest. He then sold me his interest for which I agreed to pay him five bushels of dried apples. I did not consider that I bout the apples in the orchard, but only three shares. No person was forbidden to get apples that come for them. There are some thirty-five or forty trees in the orchard. The trees are generally large and nearly all summer fruit. I think there is not more than one tree of winter fruit which is a small hard red apple and worth but little. The cleared land on the farm in constest is generally poor land and much worn except some small spots in shape similar to a basin where the soil has washed into it and is tolerable rich. The places are fewer I would suppose. There are some thirty-five or forty acres acres on said land that has been cultivated, since I have known the land. I would not suppose it would have been worth more as rent than one dollar an acre per year. ****************************************** Copyright. 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