COURT: Green, Bradley, Fisher, Boone & heirs (1821-1824) - Fayette Co, Pt. 1

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Contributed by: H and J Clifford 
"jhcliff@edtnind1.telusplanet.net"
February 04, 1999
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Kentucky Circuit Court Records-7th Circuit Court, Book V
Page 316, 317; 1821 - 1824

Extract: John Green vs Leonard K. Bradley & James Fisher; later John Green Hrs
         vs James Fisher Hrs, and Samuel Boone [Sr] Hrs.

.....same plight and condition in which it stood at the time of the death
of James Fisher your Orators State that their ancestor John Green brought
his suit as aforesaid against Morgan Thompson Priscilla Thompson Nancy Boon
Thompson Thomas Thompson Nelly Thompson and having caused the process to be
duly Served on the said defendants departed this life and afterwards to wit
at the [left blank] Term of this court the Said defendants by their agent
and attorney James Hughes consented that the said cause should be and stand
revised in their names and that of your Orators- They beg leave to state
that said Hughes hath departed this life, and there being no counsel for
said defendants in court, they now give out in speeches that they will not
abide by the order made by the said Hughes and have of late as your Orators
are advised conveyed all their title to the said land to a certain Edward
C. Payne and Daniel M. Payne, and [left blank] Asbury or one of them
citizens of the State of Kentucky, which deed was made and receied pending
the suit and with a view to cheat and defraud your Orators. Your Orators
pray that they be also made defendants to this bill your Orators state that
they are unable to ascertain in whom the title of the patent issued to
Samuel Boone is as they are informed by the answer of the said James
Fisher- that he claims the land by contract and not by deed- But your
Orators State that they believe that it is in Some or all the heirs and
representatives of Said Samuel Boone who your Orators are informed and
charge are the following towit, Mary Bradley, wife of the Said Leonard K.
Bradley, Roger Jones and Rebecca his wife, Elizabeth White, Polly Brooks
James Proffit and Levicie his wife, David Montgomery and Sally his wife and
Thomas Boone, Samuel Boone, Squire Boone. Ira Boone, Diadana Boone, Polly
Boone, Nancy Boone, Isaac Boone, Hickerson Boone, Levi Boone, J. Cockerill
and Susan Cockerill his wife John Ourley and Lucy his wife and N Grubbs and
Cynthiana his wife children and heirs of Squire Boone one of the heirs of
said Samuel Boone the elder and Edward Boone Susannah Boone Caroline Boone
and Robert Franks and Hannah Franks his wife the children and heirs of
[left blank] Boone son of said Samuel dec'd all of whom are citizens of the
State of Kentucky and who are prayed to be made defendants and parties to
this suit- Your Orators State that they are informed and so charge that the
Said Samuel Boone did by deed or otherwise convey or otherwise invest the
said James Fisher Leonard K. Bradley and Samuel Boone or Some one of them
with the title, but your Orators after the most diligent Search cannot find
any such conveyance upon record and the defendants though repearedly called
on for the purpose will not disclose to your Orator whether such conveyance
exists or not but the Said Fisher and his heirs since his death have made a
claim of title under said Samuel entered upon your Orators Special entry
and hath heretofore bill your Orator out of possession and not only commit
great spoil and waste of timber but have for many years taken and devised
great profit from the said land and give out in speeches that your Orators
are without remedy etc, To the end etc may it please your honor to grant to
your Orators the Commonwealth writ of Subpoena by which the defendants may
full true and perfect answer make to all the allegations of this bill and
to those of the original bill not by them or their ancestor answered or
pleas To and by an order of your honors may this suit stand and be revived
against the said defendants with the other defendants and on a final
hearing the proper decree be made etc.
                                                            R. Wickliff

[subpoena records follow, with dates when served, pt. 2] 

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