Court Records: McCullough vs. Ramsay heirs, 1824: Fleming County, Kentucky Submitted by http://www.genrecords.net/emailregistry/vols/00002.html#0000425 Transcribed by Alice J. Ramsay, 2001 ************************************************************************ 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 *********************************************************************** [Fleming County Kentucky Circuit Court File] 3739 [There were many spelling errors in these pages, such that in some cases the use of "sic" would be so frequent as to get in the way of reading the text. I will therefore restrict my use of "sic" to the first occasions where the word is misspelled. I have also chosen to leave the punctuation as it is, which is to say that it is often just not there. I am preserving the places where the lines break, because it seems to better reflect the original document. I am using underlined blanks to indicate words that I just could not decipher.] [cover page] McCullough James agst Ramsey Archibald Ramsey Wm Ramsey John Ramsey Robert Ramsey Sally Ramsey Martha Cooper John Ramsey David Ramsey Margaret Mitchell Archibald Mitchell Eliza ___________________ June 1824 [next document] McCullough James vs A Ramseys heirs et al Bill & Exhibits ______________________ Filed March 6th 1820 Jas Crawford D_ ______________________ 1820 June als O.p. & contd ______________________ 1820 Septr O.p. & contd ______________________ 1821 Mar ansr of A Ram sey ansr of Jno Robt & ____[Sarah?] Ramsey Guards appt & cont June ansr of McConaughey & Cont Sept ansr __ inter Rogatories & cont 1822 O_ & Cont June Cont Sept ____ & Cont 1823 cont June Cont Septr ansr & cont for Defts 1824 March LTD[?] & Cont June bill revisor filed submitted & Cont Septr bill dismissed without costs Mary Ramsey, widow Archibald Ramsey A. Wm Ramsey A John Ramsey A Robert Ramsey A Sally Ramsey A. Jno Cooper & Martha his wife David Ramsey & Margaret use A. Archd Mitchell & Eliza his wife Defts costs Atty fee $5-00 C___ costs 9 50 Constable for serving -50 notices to other defts ------ $15.00 Ex__ 33 ------ 15.33 pd [next document] To the Honorable the judge of the Fleming Circuit Court in Chancery Setting humbly complaining your orator James McCul- lough respectfully sheweth That on the 16th day of Decr in the year 1796 a certain Alexander Ram- sey executed to a certain John McConaughy his certain writing obligatory acknowledging the receipt of $100 and for which he bound himself to make to said McConaugh [sic] a deed with special warranty to a certain tract of land out of the claim of Thos Perkins of acres at a rate not to exceed 25 cents per acre or to return the said sum of money in ten days there- after but for the greater certainty[?] he herewith files the same marked A who[?] he pays may be taken as part of his bill your orator charges that the sum of money mentioned in said exhibit A was not returned and that the said Ramsey did proceed shortly thereof to lay off to said McConaughy the land which he caused to laid out by one Byram Rout and which tract contains 487 acres as will more fully appear reference being had to said Byram Routs field notes which is herewith filed & marked B and made part of this bill your orator states that he being anxious to realize land in the vicinity of where he then lived did agree to purchase said tract of land of said Jno McConaughy at the large price of £75 and did on the 8th day of March in the year 1803 execute his note to said McConaughy for the payt of said sum of money and he paid him at two several times the sums of $220 & of $21 as per rects on the back of said obligation & some short time thereafter paid up the ballance and lifted his bond & tore his name of the same all of which will more fully appear by reference to the same which is herewith filed and marked C & made part of this bill your orator shows farther unto your Honor that upon the execution of his bond for the payt of the said sum of £75 the said John McCon- aughy did at the same time assign and transfer to him the said agreet [sic] of Ramsey first herein described & exhibited which will appear on the back thereof and which said [asss or aps?] is made part of his bill your orator charges that the said Ramsey practiced a fraud upon the said McCon- aughy & said McConaughy upon him in the sale to him for he charges avers that said Ramsey never did purchase or procure the legal title to one foot of land claimed by Thos Perkins and if he had of procured the legal title thereto your orator charges that there is two other claims which cover the same land either of which is Paramount viz Ralph Morgan & Isaac Bair[?] of 7000 acres the grant is elder Thos Bodley & James Hughes grant of 10,000 is elder and covers the said land and their entry is also good being lately sustained by the court of appeals & has by virtue of said decree recovered possession of the land your orator charges that on the day of in the year 1[7 with 8 written over it] the said Alexander Ramsey departed this life intestate and so far as he knows letters of administration have not been granted to anyone but he left as widow & ______ Mary Ramsey and he left the following children as his represen- tatives and heirs at law viz Archibald, William, John Robert & Sally Ramsy and Martha Ramsy who has intermarried with Jno Cooper Margaret Ramsy who has intermarried with David Ramsey and Eliza Ram- sey who has intermarried with Archibald Mitchell all of whom he prays may be made defts to this bill together with the said John McCon- aughy your orator had well hoped that the defts the representatives of said Alexander Ramsey finding themselves totally unable to comply with the contract of their ancestor by securing the land would have contented themselves by paying him the value of the land or the consideration recd with interest for this purpose has frequently applyed [sic] to them but they wholly have failed & refuse to make him any compensation alledging [sic] that they have received nothing by descent of which fact he is totally ignorant but is advised to charge here that sufficient assets both real and personall [sic] hath[?] came into their hands to remunerate him he therefore prays a discovery from each & every one of them of the property real and personal which has come into their hands and of their ancesters [sic] title to the land sold and if it shall appear that they have a good and defensible title he prays a decree therefore he prays that each and every of the defts may be compelled to answer this Bill on oath as fully and com- pletely as if here again repeated by way of interrogatories and upon the hearing of the cause if the defts the Repre- sentatives of said A Ramsy decd shall not shew their capacity to make a good and legal title thereto and to convey the better title to the same then may your honor decree them to pay him the value of the land or if more consistent with the rules of equity the purchase money with interest or if they shall show that their ancester [sic] died insolvent and the whole or any part of your orators claim cant be recovered of them then may your honor the parties all being before the court to decree the deft McConaughy to refund him the amt he recd with interest thereon from the time recd it until rep__ss[?] or to make such decree between them all as may be consistent with Equity and to grant him such other and farther relief as his case may require and to Equity appertain and the commonwealths writ of spol [sic] &c and he as in duly bound will pray &c Fleming for Compts [sic] [next document] EXHIBIT A [very difficult to read] Received of John McConaughy the full sum of one hundred Dollars for which I bind my selfe [sic] to make a special Deed to a quantity of Land in one or more surveys at a rate not exceeding one quarter Dollar per acre or as much less as my lot shall be and to give him a Choice of my lot of a Survey of twelve thousand and odd acres enterd [sic] for Thomas Perkins and Now sold by Ezekiel Whitt- mont[?] to William Burke or return the money in ten Days given under my hand and seal this sixteenth Day of Dec- ember the year of our Lord 179six Alex Ramsay (seal) Testors Wm Thomason } Interlined before signing in the fourth line [referring to the words "or as much less as my lot shall be" which are inserted in the fourth line] [on the reverse side] For value ___ I do hereby make over my right and title to the within bond to James McCulluch given under my hand this _th day of March 1803[?] John McConaughy [next document] EXHIBIT B Plot of the South Lick by Rout Laid off by Ramsey in his lifetime to Jno McConaughy [other side] Survey for Mr Alexr Ramsey 4007 W [the "00" looks like an "8" on its side] Situate Lying & being in the Ct of Mason, & on the Waters of Locust & Bounded as follows (to wit) Begg at a Red oak White oak & Mulberry & Walnut N.E. Corner to the 6000 [the "W" looks like it has a "D" written over it] acres Running[?] South 107 po to 2 Beach & Dogwood Corner to Roger Dougherty thence with his line East 200 po to a Sugar tree & Beach thence South 120 po to 2 Sugartrees & Hickory thence East 102 po to 2 Sugartrees thence South 70 po to a Black oak & Sugartree Corner to Wm Alexander thence East 121 po to B ash thence North 171 po to A Sugartree Ash & Dogwood thence East 27 po to 2 ash thence North 126 po to an Ironwood thence West 430 po to the Begg Bm Routt [In the accompanying drawing the numbers in some places clearly don't match the description. The numbers between E and F and between F and G were very difficult to read, so I made my best guess. The total area was difficult to read because it had been written over.] [next document] EXHIBIT C Bond Jas McCulloch to John McConaughy Receivd of the within obligation two hundred & twenty Dollars in horses By me John McConaughy Sept 15th 1803 Joseph Morrison Received of the within obligation 21 Dollars & ___ May 25th ___5 Jno McConaughy [other side] Know all men by these presents that I James McCullouch of the County of Fleming and State of Kentucky am held and firmly bound unto John McConaughy of the County of Claremont and State of Ohio in the penal sum of one hundred and fifty pounds Kentucky currency to be paid to the said John McConaughy his certain Attorney, heirs Exr Admr or assigns, to which payment well and truly to be made I bind me my heirs Exr & Administrator severally jointly and firmly by these presents Sealed with my Seal and dated the eighth day of March in the year of our Lord one thousand eight hundred and three 1803 The condition of the above obligation is such that if the above bound James McCulloch his heirs Exrs or Admrs or any of them do well and truly pay or earn[?] to be paid to the said John McConaughy his heirs Exrs or Admrs the Just[?] sum of seventy five pounds currency aforesaid as followeth viz Sixty pounds thereof in good saleable Horses and the remaining sum of fifteen pounds in good saleable horn'd cattle delivered at sd J. McCullochs house at or before the fifteenth day of September next ensuing without fraud or further delay then the above obligation to be void otherwise to be and re- main in full force and virtue. Seal'd & deliver'd in presence of Geo. Stockton Robert M_____ [Morrison?} NB the words "at sd McCullochs house interlined before sign'd [next document] McCullough vs Ramsey's heirs Spa [subpoena] Chy To Sepr Term 1820 Executed on Margaret Ramsy Sally Ramsy John Ramsy & Robt Ramsy al before the 20th of August 1820 D. W. McIntyre Dj for Jas _____ Archibald Ramsy Wm Ramsey Martha Ramsy John Cooper David Ramsy Archibald Michell Elizabeth his wife not found D. W. McIntyre Dj For Jas ______ [other side] The Commonwealth of Kentucky to the sheriff of Fleming County Greeting we command you to summon Archibald Ramsey, Wm Ramsey, John Ramsey, Robert Ramsey, & Sally Ramsey, & Martha Ramsey who has intermar- ried with Jno Cooper, & sd Cooper, David Ramsey & Margaret his wife Archibald Mitchell & Eliza his wife to appear before the Judge of the Fleming Circuit Court at the court house in Flemingsburg on the 1st day of the next Septem- ber term of said court to answer a bill in chancery exhibited against them & others by James McCullough & this they shall not omit under penalty of £100 each And have then there this writ witness Leaken D Stockton clerk of said court this 1st day of July 1820 L D Stockton [next document] McCullough vs. Ramsey's Heirs & al als. Dpo in Chy 20 March 1821 Executed on William & David Ramsey on February the 19th 1821 and as to the others they are no inhabitant of my baila-wick Thos W. Fleming Dy For Wm P Fleming ___ [other side] The Commonwealth of Kentucky, to the Sheriff of Fleming County, Greeting: We again command you to summon Archibald Ramsey, William Ramsey, & Martha Ramsey, who has inter- married with John Cooper and said Cooper, David Ramsey, and Archibald Mitchell and Eliza his wife, to appear before the Judge of the Fleming Circuit Court at the Court- house in Flemingsburg, on the first day of the next March term of said Court, to answer a bill in Chancery exhibted against them and others by James McCullough: and this they shall in no wise omit under the penalty of £100 each. and have then there this writ. Witness, Leaken D. Stockton, Clerk of said Court, this 16th day of February 1821 L. D. Stockton [next document] McConaughy vs McCullough Answer Filed June 5th 1821 The answer of John McConaughy to a bill in chancery exhibitted [sic] against him in the Fleming Circuit court by James McCullough. This respondent saving and reserving to himself every benefit and advantage of exception to the many errors & mistatements [sic] contained in the bill, for answer thereto, or to so much thereof as he is advised is material for him to answer unto says That about 17 years ago, a certain David Stewart called upon him to treat [sic] for the purchase of 400 Acres of land on Locust waters in Fleming County; the bargain was concluded in the following manner that the said Stewart should pay Three quarters of a dollar per acre for the land in a time agreed upon, but not now specially recolled, [sic] perhaps a year. However as soon as the contract was made and the honor of the parties pledged to abide by it, tho' the writings were not entered into Stewart informed this respondent that the said James McCullough who lived within a mile or a mile and a half of the land, and his brother John McCullough who lived very near the same, in Company with the said David Stewart had agreed to pur- chase the land in consequence of the said James McCullough's having discovered Salt water thereon, by means of the forked stick - and this Respondent hav- ing but little faith in such matters agreed to stand to the bargain. The honor of the parties being thus pledged, the Company commenced operations to find the treasure promised by this famous master of Bletonism{1}, the complainant. But in a short time the partners became disheartened, as this Respondent is informed by his brother in law said David Stew- art and finally sold out or got out by some means unknown to this res- pondent leaving the said James McCullough to hold the bag as the saying is. This respondent says that some time afterwards he called in company with his deceased friend Robt. Morrison of Flemingto [sic] receive his pay. The Complt Jas McCullough paid up the Three hundred dollars in property Horses &c. And this respondent assigned him as he thinks a bond he held upon Alexander Ramsy for said 400 Acres of land. This respondent says that Ramsy lived within a few miles of said James McCullough at the time and is since dead, and that this respondent at the time of the original bargain with Stewart and until the present lived and continues to re- side in Ohio state, where he was waited upon by Stewart to make the purchase as aforesaid. And he owns that he was not as well acquainted as McCullough was with the land or the title of the land. He thinks he had seen it and been on it twice or three times- But McCullough lived near it, and knew from whom This respondent derived his Bond for title & knew of the title, and Ramsy's circumstances bet- ter than this respondent did. This respondent gave Ramsy One hundred dollars for the 400 Acres - and he thinks the bond was for a special warranty deed, not for a general warranty deed, and he thinks, tho' he is not certain that the consideration he gave Ramsy is expressed upon the face of the bond. He say farther that at the time he made the assignment to the Complainant, it was agreed and understood that he only gave him the bond upon Ramsy to enable him to seek the title this respon- dent had a right to demand- It was not in- tended that in case the land was lost by any other adverse claim that might be in the course of Twenty years turn out to be superior to Ramsy's that he should pay back to McCullough three hundred dollars in horses or money. This respondent has heard that some claim did come against Ramsay's - and that the Complainant lost his land, but when, or by what kind of Suit he does not know- he received no notice of the pendancy of suit against McCullough or Ramsy - and therefore denies the legality of the claim set up in opposition to that of Ramsy.- He does not know that McCullough ever settled upon the land, indeed he has heard that after spending his fortune in the Search of Salt water he abandoned the tract - upon which was no lasting or valuable improvement. He repeats it that he sold to McCullough For three hundred dollars worth of Horses and that he sold only the title bond without recourse. And because the law allows him in Chancery to do so.- He calls upon the complainant to answer on oath whether such is not the fact. Did he not take the assignment without recourse?- Was not his object in purchasing to procure Salt water?- had he not as a professor of the art of finding salt water discovered as he imagined a great vein upon the land of such water? And did he not in company with his Brother, or Brothers, send over David Stewart the brother in law of this respondent to the state of Ohio to endeavor to make the purchase with direc- tion to conceal from the Respondent the hidden treasure, until it was made. This respondent having fully answered denies all fraud and all unlawful combination and claiming the advantage of lapse of time &c. if any can be granted he prays to be hence dismissed with his costs, most unreasonably expended. And as in duty bound he will even [ever?] pray. John McConaughy Walker Reed Atto: for deft. Mason County Sct. John McConaughy made oath before the sub- scriber a Justice of the peace of said County that the facts stated in the foregoing answer so far as they are stated of his own knowledge are true. And that such as he has stated from information he believes to be true. Given under my hand this 2nd day of March 1821 Jas Ellis {1} According to Mrs. Byrne's Dictionary of Unusual, Obscure, and Preposterous Words by Josefa Heifetz Byrne, 1974, bletonism is a noun meaning "the alleged ability to perceive an underground water supply." [next document] McCullough vs Ramseys heirs Ans. Of A. Ramsay Filed 8th March 1821 [This was originally transcribed by Anne Mitchell Kane; I've made a couple of changes to it.] To the Honl The Judge of the Fleming Court in Ph___, your Respondent would state in answer to a Bill filed in this Court by James McCullough against Alexander Ramsays Heirs & Others that he is in fact the son of Alexander Ramsay by a first wife who Died when he was young and that he was Raisd with a granfather [sic] in the state of Pensyl- vania [sic] that he never Recd of the Estate of Alexander Ramsay his father the value of one Dollar never knew any thing of the Bond or Transactions stated in the said McCullough Bill Being at that time a Citizen of the state of Pensylvania and Did not at all Reside nor Even see the state of Kentucky untill [sic] the year 1812 and therefore Prays that your Honour will Disolve [sic] so much of the said McCulaughs [sic] Bill a [sic] Relates to him and you [sic] Respt will Ever Pray &c Archd Ramsay Sworn to in open Court. att: J. J. Pickett, D.J. March 8th 1821 [next document] Ramsy's H's ag McCullough Ansr Filed March 9th 1821 [The spelling in this is horrendous; so I gave up putting "[sic]" in here after a while.] Sworn to in open Court by William Ramsey and David Ramsey att: J. J. Pickett, D.J. March 9th 1821 to The Honorable the Judge of the Fleming Circuit Court in Chancery your Respondent in answer to a Bill filed in your Court by James McCullough against Alexander Ramsays Heirs and others; wherein he Exhibits a Bond on Alexander Ramsay Executed in __ of John McConaughy acknowledging the Receipt of $100 and Binding himself to make a Title to a certain quantity of land also Representing fraud Being Practised on him and that the said Alexander Ramsay being Decsd and no Amministration [sic] being made on his Estate and Requiring the Heirs to answer upon oath whether there is or has Been the means in their Power to make the Titl [sic] as Required by the Bond or Discharg [sic] the amt of the money he paid with Interest &c - your Respondent would state in answer that he is the oldest son of Alexander Ramsay by a second wife that my father Died leaving myself and six other Children all young and unaquainted [sic] with his Buisaness [sic] that no Ammistration took place on the Estate (which apears [sic] to me to be a very limitted [sic] one) and was Entirely Consumed in Raising the family that there never was any means in my Power or in the Power of any of the Rest of the Children to mak [sic] the title Required by the Bonds that there now Remains no Asidz [assets] in my Posesian [sic] nor in the Posesion [sic] of the widow my mother nor any of the Childrens [sic] belonging to the Estate of Alexander Ramsay out of which the money or any Part thereof Could be made which he prays in his Bill may be Refunded to him with Intrest [sic] your Respondent therefore Prays that your Honour will Disolve so much of the said McCulloughs as respectz [sic] him and inasmuch as the others of the Childrens are some of them married and Residing out of the Commonwealth and others so young that they Incapable of Answering his Bill (having no gardien) and being convincd in myself that then Remains in their Posesion no power or Asidz whereby the said McCul- lough can be Benefitted on Ans[?] of their fathers Estate your Respondent would further pray that your Honour would Disolve the Bill or so much of it as has a Respect Martha Margaret Elisabht John Robert Sarah - and Mary the widow and Mother of the Heirs who is now Dependent on the Philands[?] for suport and your Respondent will Ever Pray &c - William Ramsay [next document] The answer dpo of ["John Cooper" crossed out] David Ramsy & Mar["tha" crossed out]garet his wife late Mar["tha" crossed out]garet Ramsy to a bill in chancery exhibit- ed against them & others in the Fleming Circuit Ct by James McCullough. They say that they are wholly unacquainted with the matters and things contained in said Bill and require proof of every material fact They know nothing about the value of their fathers estate-- the sd Mar["tha" crossed out]garet his daughter being young at the time of his death and they suppose it was consumed in rai- sing the family. They plead the act of limitations agt the complt. And the negligence manifested by the very face of the Bill and exhibits ever admitting them all to be g____ against his right to recover in this action. And denying all fraud pray to be hence dismissed with their costs. The answer of John Ramsy, Robt Ramsey Sarah Ramsy Infant heirs of Alex[ander] Ramsy decd by William Ramsy appointed Guardian to defend the aforesaid suit. They say they know no- thing of the various matters stated in the bill & can neither admit or deny the same- That they are Infants of Tender years and therefore pray the court to pro- tect their interest- and to dismiss them with costs. &c. [next document] McCullough vs A. Ramsey's heirs, &c ansr to interrogatories of deft McConaughy Recd Augt 10 : 1821 Filed Sept 3d 1821 Fleming for compl The answer of James McCullough to speci- al interrogatories put by the deft John McConaughy in his answer to a bill filed by this Respdt in the Fleming Circuit Court. This Respdt here protestesting [sic] that each and every allegation in his original bill is true he states that it is not true that this Respdt gave 300$ for said land he only gave the sum of $250 as set forth in his bill, But the complt may have it 300$ when he comes to return the same if he chooses but your Respdts Bond filed herein shows the amt written by the late Robert Morrison & attested by him & George Stockton who is also dead he states that it is untrue that he took said assignment on Ramseys obligation "Without Recourse„ or that he ever agreed to do so he admits that his principle motive to make the contract to purchase was the hope of finding Salt water and that he admits he did request David Stewart to make the purchase who as well as this respdts Brother was to have been a partner in the contract that said Stewart made the applica tion to buy that some time afterward[s?] the said Deft McConaughy came to this Respdts house and [several words are crossed out] your respdt made the contract to purchase with the Deft in his own name but this Respdt states that no fraud on his part ever was intended nor hath he any recollection of requesting said Stewart (who subsequently declined having any interest in sd land) to conceal any fact from the deft he Stewart originally made the proposition to this Respdt which was assented to by him & said Stewart went over & did not conclude any contract & when the deft came to this Respdt to sell he was expressly informed of the motive which induced him to make the contract This Respdt here states that one reason of his wating [sic] so long was the pendency of suits over the claim under which Ramsey pretended to claim that he retained the possession for some time hoping to receive a deed Ramsey died his heirs at law were infants & he thus waited until the loss by a better claim & he he [sic] was advised & believed that the said Ramsey never had any title to said land which fact he now here again distinctly charges & having answered every allegation reqd he prays for a decree as in his original bill. James McCullough Fleming County Sct The foregoing was sworn to before me the subscriber a Justice Peace for said County this 10th Augst 1821 W. Goddard [next document] McCullough vs Ramseys heirs & others Pls. spa in chy 10 Sept 1821 Fleming Executed on Mary Ramsey 23d of August 1821 John Cooper & Martha his wife Archabell Michell and Eliza his wife no Inhabitants of my Bailiwick N. L. _______ D.J. for Wm P. Fleming S.F.C. The Commonwealth of Kentucky to the Sheriff of Fleming County, Greeting: You are hereby commanded, as at often times heretofore you have been command- ed to summon Mary Ramsey, John Cooper and Martha his wife, and Archibald Mitchell and Eliza his wife, to appear before the Judge of the Fleming Circuit Court, at the Court-house in the town of Flem- ingsburg, on the first day of the next September term, to answer a Bill in Chancery exhibited against them and others by James McCullough. and this they shall in no wise omit under the penalty of £100 each. And have then there this writ - Witness, Leaken D. Stockton, clerk of the said Court, at the said Court-house, the tenth day of August 1821, and in the thirtieth year of the Com- monwealth. Leaken D. Stockton [next document] Cert of Pub- lication [this is a clipping of a newspaper article] State of Kentucky, Fleming Circuit, sct.. March Term, 1822. James McCullough, complainant, against Alexander Ramsey's heirs and others, defendants, IN CHANCERY It appearing to the satisfaction of the court that the defendants John Cooper and Martha his wife, and Archibald Mitchell and Eliza his wife, are not in habitant of this commonwealth, and they not appearing herein agreeably to law and the rules of this court, upon motion of the complainant-It is ordered that they do appear here on or before the first day of the next June term of this court, and answer the complainant's bill, or that on failure thereof, the same will be taken as confessed against them, and that a copy of this order be inserted in some authorised newspaper of this state for two months successively. A copy. Test, J. W. Anderson, jr. D.C.F.C.C. March 16 1822 [this appears in handwriting next to the newspaper article ] I certify that the annexed order of the Fleming Circuit Court, has been successively published two months in the Star commen- cing the 16th March 1822, and ending the 18th May, 1822, in- clusive. Given under my hand this 5th day of Septr 1822 James B. Carter, Edt. Star Fee of Publication $3 - Paid [next document] Executed [scratched out words] Delivering a true coppy [sic] of the within named Notice to Mary Ramsey William Ramsey and a coppy left for Robert Ramsey John Ramsey & David Ramsey and the Ballence [sic] is not Ihabitants [sic] of this county this 29th May 1823 Lewis Day constable of Fleming County [inside] Messrs Mary Ramsey Archibald Ramsey William Ramsey John Ramsey Robt Ramsey & Sally his wife [sic], John Cooper & Martha his wife David Ramsey & Margaret his wife Archibald Mitchell & Eliza his wife please take notice that on Friday 30th Inst. at the house of John N Lee in Flemingsburg I shall take sundry depositions to be read as evidence on the trial of a suit in chy depending in the Fleming Circuit Court in my behalf vs you & others you will attend if you please yours &c May 20th 1823 Jas McCullough To be served on each of the above or leave a copy at their house sumon [sic] your witnesses to same time [next document] J. McCullough vs Ramseys Heirs Supenea [sic] Ramsey & Terhune Executed on the withi- n on named Stephen Ter- hoon & David Ramsey this 29th May 1823 L Day constable of Fleming County The commonwealth of Kentucky Fleming County, Sct, To any constable of said county you are hereby commanded to summon David Ramsey & Stephen Terhune to appear before me or some other Justice of the peace for said county at the house of John N. Lee in the town of Flemingsburg on friday the 30th of this Instant to testi- fy & and [sic] the truth to give in deposition to be read in the Fleming circuit court in a suit in chancery in behalf of Jas McCullough vs the Heirs of A. Ramsey & this they shall in no wise omit under the penalty of £100- given under my hand the 20th day of May 1823 W. Goddard [next document] McCullough Jas vs Ramseys Heirs & al Deposition of David Ramsey & Stephen Terhune Filed 30th May 1823 objectd to & set aside The depositions of witnesses taken to be read as evidence in a suit in Chancery in the Fleming Circuit Court wherein James McCullough is Com- plainant & Alexander Ramsey's heirs & others are Defendants First the deposition of David Ramsey who being of lawful age & first duly sworn deposeth & saith that he was well acquainted with Alexander Ramsey the Ancester of the Defendants Ramseys heirs. That said Alexr Ramsey died in the year 1807 & was at the time of his death possessed in his own right of a tract of land in Fleming County on the waters of Locust about nine miles & a half from Flemingsburg on the road from Flemingsburg to Alexander Stocktons Mills, containing 125 acres Two or three cows and a very few household goods & that the heirs of said Ramsey as he is informed has lost the said tract of land by a suit brought agt them by Whitfield Craig- & the Deponant has no idea of the value of said land either at the time of said Ramseys death or at this day. And farther this Deponant saith not. David Ramsey (seal) Also the Deposition of Stephen Terhune taken at the same time & place to be read as evidence in the same suit being of lawful age & first sworn saith That he was also acquainted with the said Alexr Ramsey at the time of his death- & that he was possessed of the tract of 125 acres of land as described in the foregoing deposition of David Ramsey that he has no idea of what said land was then worth- that the said Alexr Ramsey had but litle [sic] personal property. That he has been informed that said tract of land has since been ______ by Whitfield Craig but in what way he does not know. And farther this deponant says not. Stephen Terhune (his mark) (seal) Fleming County sct The foregoing depositions of David Ramsey & Stephen Terhune were taken subscribed & sworn to before me a Justice of the peace for said county at the house of John N Lee in Flemingsburg on the 30th of May 1823 W. Goddard Complainants cost Constable Days fees for serving five notices on Ramseys heirs a 25- $1-25 Summoning 2 witnesses "25 Two witnesses for attendance $1- paid by complainant Justices fee for taking the foregoing depositions $1- $3"50 [next document] Ramseys H__ vs McCullough Excep Filed 5 Jun 1823 McConaughy & Ramsy's Heirs agt McCullough Chy The defts except the nonresidents except to the deposns filed in this cause for want of due and reasonable notice of the time & place of taking the same Rec'd atts [next document] McCullough vs Ramsays Notice [Filed] 30th Augt 1823 August 16th 1823 I Notified as follows Mr Robert Ramsey " John Ramsey " William Ramsey " David & Margaret Ramsey " Sally Ramsey " Mary Ramsey [other side] Archabald Ramsay William Ramsay David Ramsay & Margaret Ramsay his wife & Mary Ramsay & the said William Ramsay Guardian for John Ramsay Robert Ramsay & Sally Ramsay Please take notice that on Saturday the 30th day of this month, at the house of John N. Lee in the Town of Flemingsburg I shall take sundry depositions to be read as evidence on the trial of a suit in Chancery depending in the Fleming Circuit Court wherein I am complainant and you and others are Defendants. you will attend if you please. yours &c. James McCullough August 11th 1823 [next document] McCullough vs Ramsays Heirs subpoena August 16th 1823 I notified as follows Mr Joseph Johnston " Samuel Strahan Senr by Mr James W Crain for James McCullough The commonwealth of Kentucky Fleming county Sct, To any sworn officer of said county you are hereby commanded to summon Saml Strahan Senr & Joseph Johnson to appear before me or some other Justice of the peace for said county at the house of J. N. Lee in the town of Flemingsburg on the 30th of this Instant to testify & the truth to speak in depo- sition to be read in a court of chancery in behalf of Jas McColough [sic] and this they shall in no wise omit under the penalty of one hundred pounds given under my hand the 15th day of August 1823 W. Goddard [next document] Mr Ard Ramsey Please take notice that on Saturday the 30th Inst. At the house of John N. Lee in Flemingsburg I shall take sundry depositions to be read as evidence on the trial of the suit in chancery depending in the Fleming Circuit Court in my be- half vs you & others you will attend if you please your &c. James McCullough Augst 24th 1823 [next document] McCullough vs Ramseys heirs &c Depn of Johnson Filed 30th Augst 1823 The deposition of Joseph Johnson of lawful age ["and first sworn saith" crossed out] taken to be read as evidence on the trial suit in chancery depending in the Fleming Circuit Court wherein James McCullough is complt and the heirs of Alexander Ram- sey & others are defts, the dept being of lawful age and first sworn saith that he was well acquainted with Ramsey in his life time he lived a near neighbor to him and that when he died he claimed title to about 130 acres of land about 60 acres of which was cleared I think the land with the improvements were and is worth about $1000. Alexander Ramsey died about 15 or 16 years ago and since his death his widow Mary Ramsey & his children have lived on the land ever since and it is about 25 years since I first settled his neighbor when his improvements had the appearance of having being [sic] seated for many years Having bearing Fruit trees upon it. he had at his death one Black Horse, some cattle, & House hold & Kitchen Furniture, the value I cant state, his children were Archibald, William, John, & Robert Ramsey, his daugh- ters are Martha, marred [sic] to John Cooper Margaret the wife of David Ramsey, Eliza the wife of Archibald Mitchell & Sarah Ramsey - and the dept being not interrogated farther saith not. Joseph Johnson Fleming County Sct The foregoing deposition of Joseph Johnson was this day taken before me the sub scriber a Justice peace for said County at the house John N. Lee in Flemings burg sworn to and subscribed in my presence Given under my hand this 30th day of August 1823 William P. Fleming [next document] McCullough vs Ramsy's heirs Chy. Wm Ramsy, one of the defts, one of the heirs of the decd. Ramsy states that last saturday he was afflicted with sore eyes and could not see at all out of one eye & was wholly incapable of doing business- that he has from the commencement of this suit attended to it, and would on that day have attended taking the deposition of Johnston now filed had he been able - He says that the land never was worth half as much as that deposition proves in his opinion - and that he has brot' with him a witness to prove its value - its loss - by another claim. And that his fathers children never did receive any personal estate; the whole (and it very small be- ing exhausted by the widow in their infancy. The eldest child being about Eleven years old when the said Alexr Ramsy died & now about 26 years old. Fleming Circuit ___ The foregoing statement was sworn to in open court Septr 6th 1823 L. D. Stockton [next document] Ramsays Heirs vs McCullough Affidavit The defendant William Ramsy within mentioned for answer to the announcement to the bill this day made, answers and says that tho' the oldest Child of the deceased he cannot say the value of the personal estate which came to the hands of his mother the widow of said deceased- he was about eleven or twelve years of age when his father died and he is informed the personal estate was very small- and was consumed by the widow in maintain- ing the family of helpless children- and herself and she has been and is yet greatly afflicted herself, so that it takes as much almost as your deft can earn by his labour to pay physicians for medicine and attendance upon her. As to the 130 Acres of land upon which his father lived and died he answers that he found his title incomplete- and by the best counsel he could get (Wm P Fleming Esqr and he knows more than any Lawyer or the judges of that claim) was advised to purchase in the better title which which [sic] he did purchase of Whitfield Craig - after a suit was brot' - and he now holds the land by virtue of such purchase- and he supposes that the land and Improvements as present may be worth worth [sic] $400 in gold or Silver- But he does not claim it as Heir or Dec. -___ but as a Purchasor for a valu- able consideration and he will show his title - He denies therefore that Assets real or personal came to him by descent except as before stated- He may have received benefit by partaking with his mother during Infancy of the value of the personal estate and has no doubt he did in conjunction with his brothers & sisters- But if the land was Improved by his father- and he had no title, the Improvements went to the benefit of the right owner of the land as he is advised by law- and from that right owner he has purchased - and therefore no Real estate decended [sic] to him from his sd father- He denies all fraud Pleads the statutes of Limitations of 6 years against said Complts and all other statutes of Limitations agt the Complt [agt crossed out] him - and prays to be dismissed with his Costs. Rec'd atts. Fleming Circuit sct. This answer was sworn to in open court att L. D. Stockton 6th Septr 1823 [next document] McCullough vs Ramsays Heirs Depos Filed 9th March 1824 The deposition of James Nealis taken in the Clerks office of the Fleming Circuit Court the 5th day of march 1824 to be read as evidence in a suit in chancery depending in the Fleming circuit ["Court" crossed out] in which James McCullough is Complainant and Alexander Ramsays Heirs and others are defendents [sic] this deponent being duly sworn says that he is and has been well acquainted with the plantation now in the possession of William Ramsay for twenty five or six years or more Lying in Fleming County upon the watters [sic] of Locust Creek and is the same pease [sic] of land recovered (as this deponent has been informed) some years ago in an action of egect- ment [sic] braight [sic] by the Craigs in the Fleming Circuit Court and the deponent says that at the time the suit was braught [sic] David Ramsay was in possession of the same and Continued upon it for some time thereafter The deponent is Shewed in the Clerks office of the Fleming Circuit Court the papers in the said egectment [sic] Case in which david Ramsay is defendant and the platt [sic] therein according to his view Shews the peace [sic] of land which Said David occupyed [sic] and is the same now occupyed by William Ramsay who holds a deed for the same of Craig and which their deponent has seen of record in the County Court office of Fleming this day upon examining said said [sic] deed the deponent is certain it covers said land sued for and recovered as the deponent is informed as above stated in said egectment the land in the state Alexander Ramsay left it supposing him to have had a title which this deponent knows nothing of was not worth more than about three hundred dollars and including all the improvements thereon at this time is not worth more than about the sum of four hundred dollars This deponent knew the father of the said William Ramsay and knew the said land well in his lifetime and since - at the time of his death he left Eight Children the eldest (was archibald now dead but at this fathers death lived in Pena) William about twelve years old the youngest born the night he dyed [sic] he left a widow who is yet liveing [sic] She was left in possession of his personal estate which he thinks was used and as this deponent think [sic] entirely consumed for the purpose of raising the children and mintaining [sic] the family. The widow is and for many years has been verry [sic] weakly and sickly and her Children have had to support her being verry poor and unable to work for a living a Con- siderable part of her time James Nealis Also the deposition of David Strahan of lawful age & sworn saith that he has examined the foregoing deposition of James Nealis & states that the said deposition & the matters & things therein contained are true being well acquainted with the land & family of A Ramsy decd and all the circumstances question By complt do you know whether there was a Judgt in favor of Craig or any one else for said 100 as land against Ramseys heirs or any claiming under them, ansr I do not know that there ever was a recovery of said land. By same do you or do you not know that Ramseys Heirs compremi- sed [sic] with Craig for his claim, during the pendency of said suit and if so at what price ansr I do not know they did compremise David Strahan [questioning of James Nealis] question by complt do you know whether there ever was any Judgt of eviction against Ramseys heirs or any one claming under them, ansr only by information of others. By same, do you not know that Ramsays heirs made a compremise with Craig for his title during the pendency of the suit and if so what was given or to be given ansr Wm Ramsey told me at different times he or his mother had compremised and that the price to be given was 50 cents per acre, but whether before or after Judgt I don't recollect and I farther state that archibald never lived with his Fathers family and therefore did not consume any este lef by his far James Nealis adjourned until to morrow the 6th March. met accorgingly [sic] and adjourned until Monday 8th March and having met pursuant to adjournment and William P Fleming of lawful age and being sworn first saith, that he was the attor- ney who brought the suit in behalf of John Craigs Exors and managed the one brought by Whitfield Craig as his attorney, that during the pendency of said suits a compremise took place between Foxes Heirs (who claimed an interest in the land sued for) & Whitfield Craig (who claimed an interest likewise and for whose use said suits was prosecuted,) and said defts and on the 15th day of March in the year 1817 he on behalf of Foxes Heirs and Whitfield Craig as their agents perfected said compremise by written agreement now in his possession and that the deft Wm Ramsey made the compremise for the lands claimed by his fathers Heirs he was to pay fifty cents per acre one third 25th Decr there after and the ballance [sic] annually that by the terms of the agreement the suit was to be dissd against all that wished it some alledged [sic] they had recourses and wished Judgt those that wished that course Judgt was to pass against them & they were to pay costs of Judgt & farther saith not. William P. Fleming Fleming County Sct. The foregoing depositions of James Nealis and David Strahan were taken before me the subscriber a Justice peace for said county on Friday the 5th March Inst sworn to and subscribed in my presence at the clerks office Fleming Circuit court and then Judge until Saturday the 6th Inst and having met in p____ and thereof, and adjourned until Monday the 8th Inst at which time William Goddard Esqr took upon himself the taking depositions given under my hand the 8th March 1824 Wm P. Fleming Fleming County Sct. The foregoing deposition Wm P Fleming was this day (on behalf Complt) taken before me the subscriber a Justice peace for said cty at the clerks office Fleming Circuit Court sworn to and subscribed in my presence this 8th March 1824 W. Goddard The defendants except to the reading of the foregoing deposition of Wm P. Fleming - because no notice of the time and place of taking the same was had by them and because the same is incompetent, judging from its face. Rec'd atts [next document] McCullough vs Ramsey's heirs Bill Revisor Filed 14th June 1824 [original transcription by Anne Mitchell Kane] McCullouh vs Ramsey's heirs &c The Complt [James McCullough] begs leave to show unto your Honor that since the last conti nuance of this cause that Archibald Ramsey hath departed this life without issue and that his codefts are his heirs at law & whether he died testate or intes tate he is not advised but charges he died intestate. [next document] Ramseys vs McCullough Notice ______ Coffy [or Caffy] of the within delivered to J. McCullah this 17 August 1824 by me Daniel Firklen[?] Constable of Fleming County Mr James Mculloug pleas [sic] take Notice that on monday the 23d day of this month at the House of James S Hamilton in the County of Fleming I shall take Sundry depositions to be read as evidence on the trial of a suit in chancery depending in the Fleming Circuit Court wherein you are Complainent [sic] myself and others are defendents [sic] you will attend if you please yours &c Wm. B. Ramsey August 17th 1824 [next document - this is a lawsuit that had been settled earlier, but a copy was included in this file to settle the question of ownership] Craigs Exors vs Nealis & al Copy Record Filed June 1824 in the suit of McCullough vs Ramseys Hs &c Fee $5 for Ramseys Hs State of Kentucky First Judicial District Fleming Circuit Sct Plfft: John Doe Ex Dem John Craig John H Craig and Lewis Craig Executors of Lewis Craig deceased Against Defts: Richard Roe with notice to Charles Nealis and others In Ejectment Pleas before the honorable Adam Beat- ty Esq Judge of the Fleming Circuit Court at the Court house in the Town of Flemings- burg on the day of June 1818. Be it remembered that heretofore, towit on the Twelfth day of February in the year 1816 the plaintiff aforesaid by his attorney filed in the Clerks office of the Circuit aforesaid his certain declaration in Ejectment against the said defendants which is as follows, towit: "Fleming County Fleming Circuit towit John Doe complains of Richard Roe in Custody &c. of a plea of Trespass and ejectment for that whereas John Craig (of Toliver) John H. Craig and Lewis Craig Executors of John Craig deceased on the tenth day of December 1815 at the Circuit and County aforesaid had demised granted and to farm let to the said John Doe the plaintiff Forty dwelling houses, Forty or- chards, Forty gardens and fifteen thousand acres of land with the appurtenances situate [sic] in the County and Circuit aforesaid To have and to hold the said dwel- ling houses orchards, gardens and land aforesaid with the appurtenances from the said 10th day of December to the full end and term of Twenty one years from thence next ensuing and fully to be com- plete and ended by virtue of which said demise the said John the plaintiff on the said 10th day of December in the year 1815 entered in and upon the said houses, orchards Gardens and land with the appurtenances and was thereof possessed until afterwards towit on the 20th day of December in the year last aforesaid the said Richard the defendant with force and arms entered in and upon the premises aforesaid with the appurtenances aforesaid and in and upon the possession of the said plaintiff herein and he the said plaintiff from his possession of the premises aforesaid, he the Defendant did then and there eject expell [sic] and amove [sic] his term therein not being then expired: and he the said plaintiff being so by the defendant ejected, expelled and am- oved from the premises aforesaid he the de- fendant hath hitherto kept out therefrom & still doth keep out his term in the premises aforesaid not being yet expired and other in- juries to him the plaintiff he the defendant then and there did against the peace and dignity of the Commonwealth and to the damage of the plaintiff one hundred pounds and therefore he sues - pledges &c. W. P. Fleming for the Plfft" "Messrs Charles Nealis Albert Terhune David Strahan, David Ramsey, Alexander Ramsey, James Wills sr. James Wills jr Samuel Wills, Andrew Wills senr Isaac Terhune Archibald McClain, Levi Hig- gins, Henry Meyers, John Strahan, Joseph Johnson, Thomas McCan, George McIlvan Robert Morrow James[?] Thompson Alexander Armstrong Enoch Hendrix Manly Brown Lewis Story Rachel Crafton James Grayham, Clabourn Smoot William Grayham, John Todd, Samuel Strahan senr, James Strahan John Dinsmore, Joseph House and Catharine Gray- I am in- formed you are in possession of or claim title to the premises in the foregoing declaration in ejectment mentioned or to some part thereof and I being sued in this action as casual ejector and having no claim or title to the premises do advise you to appear at the next March Circuit Court of Fleming County, on the first day thereof by some attorney of the said Court, and then and there by a rule thereof to cause yourselves to be made de- fendants in my stead otherwise I shall suffer Judgment to pass against me by default and you will be turned out of possession- Your obedient servant Richard Roe December 20th 1815" Whereupon the Constable made the following return, towit: "Executed by delivering a true copy of the within declaration in Ejectment and notice thereto annexed to Albert Terhune David Ramsey Alexander Ramsey James Wills senr James Wills junior Samuel Wills Andrew Wills senr , Isaac Terhune Archi- bald McClain, Levi Higgins, John Strahan Joseph Johnson George McIlvain Lewis Story Rachel Crafton Clayborn Smoot, William Grayham, James Strahan, John Dinsmore, Joseph House and Catharine Gray on the 27th of December 1815 and to Charles Nee- lis David Strahan and Thomas McCan on the 28th December 1815 and by leaving a copy at the house of Henry Meyers Robert Morrow James Grayham, and Samuel Strahan senr on the 27th of December 1815 with their wives they being from home "Daniel Ficklen Constabe [sic] of Fleming County And now at this time, towit: at a Court held for the Circuit of aforesaid on the 8th day of March in the year eighteen hundred and nineteen It appearing to the satisfaction of the Court that the tenants in possession of the premises hath been duly served with the plain- tiffs declaration and notice thereunderwritten [sic] and they not appearing it is ordered that unless they having legal notice of this order or those under whom they claim do appear here on the first day of the next June term of this Court and make himself herself or themselves defendant or defendants herein confess the lease entry and ouster in the declaration supposed and enter into the common rule to insist on the title only at trial that Judgment shall be given the plaintiffs and the common- wealths writ of Habere facias possessionem{2} awarded and on the motion of the plaintiffs it is ordered that the surveyor of Fleming County do go on the land in controversy between the parties on the [blank] day of [blank] next if fair if not the next fair day and survey and lay off the same as either party may require having due regard to the interest and evidence of both parties state all matters of fact specially return four fair platts [sic] and reports thereof to the Clerks office before the day of hearing and the sheriff of Fleming County is directed to attend said surveyor on application and remove force should any be offered and the cause is continued until the next Circuit Court And now at this time towit at a Court held as aforesaid on the 4th day of June in the year aforesaid On motion of Charles Nealis, Albert Terhune, David Strahan, David Ramsey, Alexander Ram- sey, James Wills senr James Wills junr Samuel Wills Andrew Wills senr Isaac Terhune, Archibald McClain Levi Higgins Henry Myers, John Strahan Joseph Johnson Thomas McClain, George McIlvain, Robert Morrow, James Thompson Alexander Arm- strong Enoch Hendrix Manly Brown Lewis Story Rachel Crafton, James Grayham Claybourn Smoot, William Grayham, John Todd, Samuel Strahan senr James Strahan John Dinsmore, Joseph House and Catha- rine Gray they are admitted defendants herein each for that part of the demised prem- ises occupied by themselves respectively who confess the lease entry and ouster in the declaration mentioned and enter into the com- mon rule to insist on the title only at trial and thereupon they severally defend the force and injury when &c. and say they are not guilty of the trespass and ejectment in the declaration supposed in manner & form as the plaintiff hath alledged [sic] & of this they put themselves upon the Country and the plaintiff likewise and the cause is continued until the next Circuit Court And now at this time towit at the same Court held on the 8th day of June and and [sic] year aforesaid 'Ordered that this cause be continued until the next Circuit Court" At which time towit at a Court held as aforesaid on the 4th day of September in the year aforesaid "Ordered that this Cause be continued until the next Circuit Court at which time towit at a Court held as aforesaid on the 8th day of March in the year 1817. Ordered that this cause be con- tinued until the next Circuit Court" at which time towit at a Court held as aforesaid on the 10th day of June in the year last aforesaid Ordered that this cause be continued until the next Circuit Court at which time towit at a Court held as aforesaid on the 6th day of September in the year aforesaid Ordered that this cause be continued until the next Circuit Court at which time towit at a Court held as aforesaid on the 7th day of March in the year 1818. Ordered that this cause be continued until the next Circuit Court. at which time towit at a Court held as aforesaid on the first day of June in the year last aforesaid "Came the parties by their attor- nies and by consent this suit is dismissed as to the defendants Charles Nealis Alexander Ramsey, James Thompson, Robert Morrow George McIlvain Alexander Armstrong Nathaniel Little, Enoch Hendrix, James Morrison John Dinsmore Samuel Strahan senr Isaac Terhune, Jared Terhune, An- drew Wills senr Samuel Wills, David Strahan, Joseph Johnson, Clabourn Smoot and Rachel Crafton and thereupon came a Jury, towit: William Bateman Dan- iel Peck Junr Thomas Patton, Thomas Clifford, Tapley Taylor, John Ricketts Truman Day, Ebenezer Tuggle, David Early, Francis Kelly, Stephen Jones and George Crow who being elected tried and sworn well and truly to try the issue joined upon their oath say that the defendants are guilty of the trespass and ejectment in the dec- laration mentioned and find for the plaintiff one cent in damages. Therefore it is considered by the Court that the plaintiff recover of the said defendants his term yet to come and unexpired of and in the lands and tenements, in the declaration mentioned together with his damages afore- said in form aforesaid assessed and also his costs herein expended- The Commonwealths writ of Habere facias possessionem is awarded said plaintiff to cause him to have possession &c. The following report of survey was made out and used as evidence in this cause towit: Fleming Circuit Sct John Doe es dem John Craigs Exors plff Against R Roe with notice to Charles Nealis & al Defts In Ejectment Pursuant to an order of the honorable the Circuit Court of Fleming I met the parties in the above suit upon the lands in controversy at Basil Hunts in Fleming County on the 19th day of August 1816 and by the direction of William Routt and Whitfield Craig who appeared for the plaintiff I proceeded in company with ten or twelve of the defendants to A on the annexed platt a large white oak and black ash anciently marked as corner trees in the [This next section was written on wider paper because it accompanied the drawing; my copy has some of the left side chopped off.] East west & north sides standing on the west side of a hill near cking river and answering[?] the south East corner of John Craigs third rvey of 6666? acres and shewn by William Routt and Whitfield Craig r said corner and South west corner of John Mosbys 30000 acres and y the direction of said Routt to survey John Craigs 20000 in three urveys I proceeded from A pursuing an ancient marked line N 11/2° W rossing Foxes Creek and several large branches 3040 poles to B a W oak on the south side of a hill in David Howes Improvement and antiently [sic] marked as a corner on the South west and North sides near it, stands a Pea Locust stump and shewn by Whitfield Craig for the Beginning corner of John Craigs first survey of 6666? acres thence S 881/2° west crossing Allisons Creek several times 1104 poles to C in Fleming bottom near the mouth of Allison Creek a hickory and honey Locust anciently marked as a corner on the East and south sides near said trees stands several boxelders grown over thick with moss. Thence South 11/2° East pursuing an ancient marked line nine hundred and fifty four poles to D in cleared land and in the forks of a branch running East- wardly and at an elm W oak ash and hickory stumps course continued (S 11/2° E) pursuing an old marked line and crossing a number of branches Locust Creek and Licking river 950 poles to E three beech trees on the south bank of Licking river and marked as corner trees on the north East and South sides one of the trees had the letters I.C. and near said trees stands a beech the letters W.C. on it Thence S 11/2° E pursuing an old marked line and observed a line tree on the top of a ridge near F and by the side of an old trace with the letters I.C. on it of old appearance in all 960 poles to F a honey Lo- cust W oak and sugartree on the Top of a ridge anciently marked as corner trees to suit Craigs said survey the sugar tree marked I.C. of old date near said trees lies an Iron- wood much decayed the ballance [sic] of the annexed platt the following notes of reference will farther explain. ABCDEF in black lines represents John Craigs 20000 acres in three surveys the black lines East across the platt from D & E the divi- ding lines AGHIJK in black lines 4140 acres decreed to John Craig Jr. and a part of John Craig senr 20000 acres laid down from copy of decree LMNIHG in black lines 5140 [or 5740?] acres from deed from John Craig to Lewis Craig The red letter E Geo McIl- vains improvement do M Robert Morrows ~ N James Thompsons ~ O Alexander Armstrong ~ P Enoch Hendrix ~ R Lewis Stories " S Manly Browns " 13 James Grahams " T John Todds " U Clayborn Smoots " V Wm Grayhams " W Rachel Crafton " X Samuel Wills's " Y Andrew Wills's " Z James Wills " & David Ramseys " 1 Albert Terhunes " 2 David Strahan's 3 Alexander Ramseys 4 James Wills senr 5 David Wills 6 Charles Nealis 7 Thomas McKans 8 Joseph Johnsons 9 Isaac Terhunes 16 Joseph House 17 John Dinsmore 18 Samuel Strahans 19 James Strahans 21 Widow Grays 23 Henry Myers 24 Levi Higgins 25 John Strahans 26 Nathaniel Little 27 Archy McClains 33 Aaron Davis's Agreeable to adjournment I surveyed for the defendants in the above suit as directed by Joseph House and William Morgan their directors of survey in the above suit Beginning at the mouth of slate Creek Thence down Lick- ing river 450 poles when reduced to a strait [sic] line to the red letter G a beech and six sugartrees anciently marked as corner trees on the south & west sides and standing on the west bank of Licking in Bath County. the beech has the letters W.D. on it of ancient date 26 poles from said tree up Licking stands a beech sugartree and elm anciently marked as corner trees on the North and west sides and such trees as called for at the Beginning corner of a survey of 12,953 acres made for Thomas Perkins under which the defendants claim title by the direction of said house I began at G the six sugartrees and beech Thence South 881/2° West pursuing an ancient marked line 120 poles to A Thence N 11/2° W crossed Licking at 160 poles in all 477 poles and fell 6 poles west of B a W. oak black walnut, sugartree & two ash claimed by the defendants for a corner of Perkins said survey and the N.E. corner of David Leitch's 15000 acre survey Thence S 881/2° W crossed Licking at 126 poles in all 1365 poles to C in cleared land at a spot shewn by Samuel Morgan for the south west corner of Perkins said survey and at a marked line that was of a late date. Thence N 11/2° W crossed Licking at 558 poles in all 1515 poles to D 66 poles west of E a black oak w oak black walnut and mulberry anciently marked as a corner to suit said Perkins said survey and near them lay a piece of a hickory that had chops on it Thence N 89 E. pursuing an ancient marked line 1396 poles to F a blue ash stump in cleared land shewn by old McHedrick who says it was marked and was called Perkins corner G.A.B.C.E.F. in red lines claimed by the plaintiff for Thomas Perkins 12,953 acre survey by the directions of Joseph House for Defendants I began at red figures 34 a sugartree shewn by John Hunt for the south west corner of William Grahams land and to be in the East boundary of a survey of 7000 acres made for Jacob Myers and conveyed by said Myers to John Hunt Thence N 1° W 278 poles pursuing an ancient marked line to H a su- gartree and dogwood anciently marked as a corner on the south and west sides and answer[? anseven?] the N.E. corner of a deed of conveyance of 7000 acres from Jacob Myers to John Hunt Thence S 89° W in all 1264 poles to near E made search but found no corner H.I.J.K. in red lines marked with a dash represents 7000 acres conveyed from Jacob Myers to John Hunt under which num- ber of the tenants in possession claim their poss- ession M small platt in red lines round M 100 acres of land claimed by the defendant Robert Morrow and laid down from deed of conveyance from William Burk to said Morrow- N in red lines the defendant James Thompsons 100 from deed of conveyance from Daniel Harrow o in red lines the defendant Alexander Armstrong 901/2 acres from deed of conveyance from Wm Burk to said Armstrong o the remains of an old cabbin [sic] shewn by Manly Brown that Alexander Armstrong built in March or April 1796.- Q a spot shewn by Manly Brown where William Burk built a station 24 years past in february 1816- R.S. 13 red lines round 300 acres from deed of conveyance from John Hunt to Manly Brown S a spot shewn by Manly Brown near his kitchen where he said he built a house 23 or 24 years past in 1816.- V red lines round V William Grayhams 1001/2 acres from deed from Byrem Rout and Basil Hunt to said Grayham W red lines around 100 acres deed from Wm Burk to Henry Crafton X.Y.Z. red lines around 250 acres from deed from Wm Burk to Andrew Wills Z a piece of ground shewn by David Ramsey that Andrew Wills cle- ared 22 years past in April or May 1816 & red lines around 125 acres from deed from William Haslet to Alexander Ramsey de- ceased & The spot shewn by David Ram- sey where a house stood and occupied by Alexander Ramsey deceased in 1795 1 red line around 100 acres from deed from William Burk to Mathew Morrison now claimed by Defendant Albert Terhoon 1 the remains of an old house shewn by Thomas McCan as being built by Mathew Morrison 21 or 22 years past in 1816 and possession claimed by Defendants Albert Terhune 2 red lines around a parcel of land from deed from Samuel Wyley and wife to David Strahan- 6 a spot shewn by Thomas McCan where he says Charles Nealis built a cabin 23 years past in the fall of 1816 possession claimed by Defts Charles Nealis and David Strahan 3 red plat around 100 acres from deed from Wm Burk to Thomas McKan and now claimed by Alexander Ramsey- 3 a spot shewn by Thomas McCan where he built a cabbin [sic] 22 years past in the fall of 1816 P red plat around 50 acres from deed from Wm Burk to George Hendrix now claimed by Enoch Hendrix 4.5. red plat around 150 acres from deed from Wm Burk to John Bell and now claimed by Defendant James Wills jr & David Wills 5 old cabin shewn by John Jameson as being built by John Bell upwards of 21 years past in 1816- 33 the remains of old cabin shewn by Thomas McCan as being built by William Caldwell in the fall of 1794 or 95 and possession claimed by Aaron Daviss lessor 8 small platt in red around 100 acres from deed from Wm Burk to Joseph Johnson 9 red plat around 100 acres from deed from Wm Burk to Isaac Terhune 15 small platt around 2 acres as from deed from John Dinsmore to Joseph House on which his mill stands 16 plat in red around 100 acres from deed from Alexander Ramsey Byram Rout & Basil Hunt to William Dawson & now claimed by Defendant Joseph House 17 platt in red around 106 acres from deed from Wm Burk to John Dinsmore 18.19. plat in red around 1061/2 acres from courses from deed from Wm Burk to Samuel Strahan 20 red plat around 100 acres from deed from James _______ to Samuel Strahan 21 red plat around 104 acres from field notes of survey and claimed by Ca. Gray- 25. red plat around 1043/4 acres from copy courses of deed from Wm Burk to Robert Dinsmore now claimed by defendant John Strahan 23 red plat around 100 acres from deed from Isaac Pruitt to John Myers now claimed by defendant Henry Myers {2} "Habere facias possessionem (Latin) That you cause to have possession. The name of the process commonly resorted to by the successful party in an action of ejectment, for the purpose of being placed by the sheriff in the actual possession of the land recovered." Black's Law Dictionary 6th ed., 1990, West Publishing Co., St. Paul, Minnesota, p. 710. [next document] Ramsays Hs vs McCullough Bill Ex Filed 11th March 1824 McCullough vs Ramsy's heirs Chy The defts. Filed exceptions to the deposñ of Wm P. Fleming - and the following notice was read shewing the time the deft's had taken deposñ and the following order of Adjournment made by the complainants were read- and there being no evidence except the said notice and adjournment but the court ______ the exception[? reception?]* the said Ramsy's heirs excepted to the opinion of the court and this is the exception. W. P. Roper *But the defts. Admitted by consel- [sic] that on Saturday the sixth of this March, the Pltff's Consel [sic] asked if [t]he defts. Counsel had no objection to an adjournment until Monday- & defts Counsel observed none, provided you have a right to take them according to adjournment to this day, the defts took depositions on Friday until dark [This next sentence is on the back of the page and it appears to have been written in the dark, so it was very difficult to read.] and the Magistrate[?] informed[?] the participants[?] he should adjourn[?] until[?] __ ___ take the complainants depositions [next document] Executed 4th March 1824 by Delivering a true copy of the with in Notice John R Ringo CLC Mr James McCullough. Take notice that on the 5th day of this month at the Clerks Office of the Fleming circuit court I shall take sundy [sic] depo- sitions as evidence in the suit you have brot' against Ramsy's heirs & others in the Fleming circuit court. And if the same cannot be finished on that day shall continue to take at the same office the day following. As atts. For defts Walker Reed March 4th 1824 [next document] Majr Fleming By not[?] Stmt [?] [This next paragraph is in different handwriting than the label or the writing inside -the spelling is exactly as written.] Majr Fleming I have got the Names of al those that holds Lands in the Bounds of pirkins Cleame in[on?] this side of Licking to subscribe this article that had not subscribed the original & same in the othe sid of Licking A______ _______ [looks like it might be Arthur Parks?] [the rest of this is from inside the document] Memorandum of agreement made and entered into this 15th day of March 1817 Between William P. Fleming acting as agent and attorney for John Craig Whitfield Craig & the heirs of Aurthur Fox ded of the one part and the undersigned who claim land within the bounds of Perkins Patent of the other part Witnesseth that whereas the said John Craig W. Craig & the Heirs of A Fox decd who own part of certain lands patented in the name of Jno Craig now decd have brought their suits in Eject separately[?] against the said owners of land under Perkins and the parties hereby agree to compremise [sic] the suits on the following terms and conditions viz The undersigned who claim under Perkins each for themselves promise to pay to the said Fleming for the use of those for whom he acts the sum of fifty cents for each & every acre that they hold under the said Perkins title within the bounds of said John Craig's decd patents one third thereof is to be paid on the 25th Decr next one third 25th decr 1818 and the ballance [sic] on the 25th decr 1819 The said Fleming on behalf of the Craigs & Foxes Heirs agrees to convey or cause the same to be done the title derived of the said John Craig decd to the several undersigned who claim under said Perkins the said Fleming will dismiss the suits against the undersigned at the next Fleming Circuit or against so many & to what extent they may choose to have the same dissd or the said undersign- ed or as many as may choose so to do may at their option suffer Judgt to pass against them but neverthe- less it is in no wise to effect this compremise each party are to pay their own costs in the said suits and the titles are to pass as assd to the said undersigned before the first payment for the same is to be made and if a Judgt at the request of any of the undersigned they are to pay the costs of said Judgt. No[?] more and whereas there is a suit brought by Thos Bodley against some one or more of the contracting parties, that suit is also to be dissd against all whose claims are entirely within the lines of Craig & in the County of Fleming without costs on either side & there is also an Eject depending in the Bath Circuit Court in the name of John Craig's Exors for the benefit of said W. Craig & Foxes Heirs all those sued there are entitled to the same pri- viledges [sic] and undertake to pay the same price as is before stipulated In testimony whereof the contracting parties hath to these presents set their hands and seals the date first written atteste W Craig (seal) by Wm P Fleming his atto John Craig (seal) by Wm P Fleming his atto Foxes Heirs (seal) by Wm P Fleming his atto [Joseph Johnson scratched out] Garrard Terhune (seal) for Albert[?] Terhuns[?] Place William Morgan (seal) Jeney Wanlandingham for Grahams Place (seal) Levi Higgins (seal) John Clark (seal) William Ramsay (seal) for the place where David Ramsey lives George McIlvain (seal) for 200 acres claimed by John Riley part of Perkins claim Isaac Clarence[?] (seal) for Lewis Storey place