COURT: Scrugham vs. Copher hrs. & Scrugham hrs. (1829-1838) - Fayette Co ------------------------------------------- Contributed by: Karen King Scales "KScales441@aol.com" January 31, 1999 ------------------------------------------- Fayette Co., Ky Circuit Ct. Suits Scrugham vs. Copher hrs. & Scrugham hrs. Scrugham vs. Scrugham hrs. 1829-1838 The petition of Rutha Scrugham widow of Daniel Scrugham dec'd respectfully represents to the Honbl Judge of the Fayette circuit court that about 35 years ago her late husband bought of Jesse Copher about 100 acres of land in this county & paid him for it having previously taken possession of the same, where he resided till his death in 1827 - that she now occupies the sd dwelling house & ____ a small tenement in possession of William Scrugham her eldest son & that said William has brought suit in this court, claiming the whole afsaid land, as well what he lives on, as that occuplied by your petitioner under some pretended claim - or other, equally unjust and illegal - Jesse Cophers heirs & said William's brothers, brothers in law & sisters are defendents in that suit & he is endeavoring not only to deprive them of their inheritance but is actually in a most unfeeling and unnatural manner and owing to make your petitioner (his own Mother) quit the place altogether & give up her right of dower therein - Your petitioner has not feeling but to see justice done among her children & to retain for life possession of so much afsaid place as in equity she is entitled to - The pretended bond produced by him in he amended ____ she does not believe to be genuine - indeed by inspeciton it will appear to your honor that the body of the bond - the witnesses names & the name of said Daniel are all in the same hand writing - Besides, at the worst, it only includes a small portion & not the whole of said land as he has sworn in his bill & amended bill - She therefore prays your honor will hear her petition - order her dower to be allotted her & such or division made as may impart with equity & justice & as in duty bound she will ever pray &c - This petition is to be filed in the suit herein before refered to - her Rutha X Scrugham mark Combs PQ witness Stephen Tibbatts Fayette County Sct The forgoing answer was this day sworn to before me in due form this 10 October 1829 J E Davis(?) JP William Griffeth, Ruth Griffeth his wife formerly Ruth Scrugham, Claiborne Scrugham and Daniel Scrugham Take notice that I shall attend at the house of James Bibbs in the Town of Athens Fayette County Ky on Friday the 9th day of April 1830 to take the deposition of Wm B Summers & others to be read as evidence in certain suit in chancery now pending in the Fayette Circuit Court, wherein William Scrugham is complainant, and you have made yourselves separate defendants in said suit and where you may attend if you please April 2nd 1830 Yours &c William Scrugham by Samuel Taul agreement The deposition of William B. Summers taken at the House of James Bibb in the Town of Athens Fayette County Kentucky; Friday the 9th day of april 1830 to be read as evidence in a certain suit in Chancery now pending in the Fayette Circuit Court, wherein William Scrugham is complainant & William Griffeth, Ruth his wife formerly Ruth Scrugham Claborn Scrugham and Daniel Scrugham, are Defendts. with other &c this deponent being of lawful age and duly sworn deposeth and saith. That being called on in the year 1827 by Wm Scrogham to run round a certain boundary of Land which he then lived on and formerly claimed by his father Daniel Scrogham now dec'd who to my knowledge had lived on said land between twenty and thirty years, and that there is a small branch near where I commenced the survey as stated in the plat also at the other corner on the Ky River there is a larger branch which enter the sd River just above the corner known by the name of Cophers branch, and that sd Wm Scrogham lived near the Beginning coner in the plat made out by myself and that Daniels settelment was near the center, and extended to the upper corner of Cophers original corner & that he sd Daniel never claimed any land out side of Cophers boundry, and that I never knew of his claiming any other land on the North side of the sd Ky River by the boundary as before stated and rum off by me and further this deponent said not Wm B. Summers Also the deposition of Joseph Scrugham taken at the same time and place to be read as evidence in the same suit, the deponent being of lawful age and duly sworn ______ deposeth & saith That he recollects that Daniel Scrogham now dec'd moved to Kentucky in the year 1797 and settled on a boundary of Land he sd Daniel purchased of Copher and that his son William Scrogham for 10 or 12 years back has lived on said Land and of late years has claimed it as his own and settled first near the Lower line and corner of sd boundary and that his father Daniel setled near the center of said boundary of Land & his Improvements extended to the upper corner of Cophers original survey, which has always been stated to be a little below the mouth of a branch calld Cophers branch, and that said Daniel never claimed any other Land on the North side of the Ky River out side of the boundary he purchased of Jesse Copher and further the deponent saith not. Joseph Scrugham Fayette Count to wit The foregoing deposition of Wm B Summers and Joseph Scrogham was this day taken subscribed & sworn to by the said WB Summer justice of the peace for said county at the time and place and for the purpose stated in the caption thereof given under my hand this 9th day of April 1830 Saml Shivel JP Justices fee $1 paid Witness attendace 50 cts each The petition of Ruthy Schrugham states to your honorable court, in adition to ___ agreement of her answer filed in the case of Wm Schrugham gst Coffers heirs & others, that the title to said land is as follows - Squire Boone first owned the whole survey & gave it to his son in law Jesse Coffer She cannot say, but will ascertain & file a copy of the grant - Jesse Coffer first sold 101 1/2 acres to Stephen Kain (Ham?) & he to James Wheatly, who got Coffers bond for a title - Wheatly then sold to John Heath & gove him his bond for a title - said Heath then sold to your petitioner husband & gave his own bond - & rec'd payment in full - Your oratrix then feared some future trouble & so told her husband who was a drinking man, but he did not trouble himself about it - Heath packed up bag & baggage & has never since been heard of, but in his route sold Wheatlys bond for the land to Jesse Coffer - & he thereby was enabled to take up his original bond to Kain (Ham?) which had bee assigned to Wheatly & thus cut off the title from your petitioners husband - This is the boundary of the said land thus sold; Begining at a hickory on the margin of the river at the mouth of a spring branch, running thence up & across the hill to a double lyn in Coffers original patent line then a straight line to the briers near the mouth of the Coffer branch at the middle shoal callings for a hackberry, sugar tree & elm, which are now missing - containing said 101 1/2 acres - Your petitioners husband settle on the land about 36 or 37 years ago soon after he bought & paid for it as above stated - After Heath went off with the horses your petitioners husband had given him for the land, Jesse Coffer called & told him his title was worth nothing They must either move, rent or buy from him, as he had taken in his original bond & the land again belonged to him - After some hesitation, it was agreed on between your petitioners husband & said Coffer that he (Schrugham) should have the said 101 1/2 acres of land for one hundred pounds payable in horses, to be valued & delivered as said Scrugham could raise them the colts from a fine younge mare he then owned - In this way in the course of some years, your petitioners husband paid Coffer ninety pounds - The case rested thus till 1810 when your petitioners husband paid for the land in full in cotton raised in the river bottom & coopers stuff & sent to him in Clarke county, on Stoner ck where Coffer then lived & sometime afterwards Coffer came down & gave a rcpt in full for the purchase money of said land - Your petitioner prays you honor to directed James Darnaby the County Surveyor to ascertain & lay off the land above described, in as much as there is some dispute about one of the lines & one John Prather claims about 20 to 30 acres of said land as she thinks very unjustly as she herself worked hard with her own hands to help pay for it - Out of the whole 101 1/2 acres she then desires her dower to be assigned her according to law by some good honest men - The rest may then be divided according to law, & as your honor may decree - She says that she believes one Samuel Taul has possession of the bond given by Heath to your petitioners husband, which was copied from Coffers original bond to Kain (Ham?) & will show the boundary to be as she has tried to describe it - She prays he may, by the ___ of the court, be compelled to produce said bond - or account for it - and as in duty bound she will ever pray &c - Fayette Circuit Court March 19th 1833 Sworn in open Court by Ruth Scrugham in due form att Thos bodley CFCt Fayette Co., KY Circuit Ct. Suits R. Scrugham vs. Wm. Scrugham &c September 1838 To the Honble Judge of the Fayette Circuit Court in chancery sitting humbly complaining Hereth unto your honor, Your oratrix Rutha Scrugham, that she is the widow of Daniel Scrugham dec'd - That in 1799 the said Daniel bought from Jesse Coffer & afterwards paid him for a tract of land whereon he then lived & afterwards died; having previously bought & paid for it to one John Heath - that she is advised the length of uninterrupted possession of more than 30 years makes the title to said land perfect whether any deed was ever made therefor or not. That said Daniel left the following children - being Claiborne, Daniel, Rutha intermarried with William Griffeth, who pray to be made & considered complainants herein - Also William, John, Rebecca intermarried with Reuben Stivers & then died, leaving four children named Dicey, Polly, Phoebe, & Rebecca Stivers; & Rachel also since the death of her sister, intermarried with the said Stivers; all of the latter being made Defts hereunto - That William now lives in the State of Indiana & so did John, the last these complts heard of him which was some years ago & he was then an unmarried man; that Stivers & wife & children live in Fayette county Ky - Against the latter they pray process & an order of publication agst William & John - Your orators & Oratrix say that the tract of land aforesaid is bounded as follows - by John Spears' line, by Jesse Coffers original patent line & by the Kentucky river is 101 1/2 acres They say, that John Prather & Robert Stivers claim to own a portion of said land & have it now in possession when in truth they only have a just right to up to Coffers old patent line & not over it, as the now are - These persons are also made Defts & when the true old line is rum may they be compelled to surrender possession & pay rents for all they have thus illegally & unjustly held in possession & also pay for the houses they caused to be taken down or occupied on said contested part - Your oratrix prays for her dower to be surveyed & laid off to her by the county surveyor & some honest men - They state that William has _____ in property & cash that his full share of the said estate & your orators pray he my be included & the land afsd divided into lots among the other heirs or the whole sold & the proceeds divided, as may seem most just & advantageous - And will your honor grant such other relief as to equity _______ & this case require - her Rutha X Schrugham mark Combs L. witness C.H. 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