ky-footsteps Monday, 26 January 1998 Volume 01 : Number 359 ---------------------------------------------------------------------- From: Maria Troutman Date: Mon, 26 Jan 1998 10:47:35 +0200 Subject: KY-F: Circuit Court: Whitaker vs. Simmons, Bullitt Co Whitaker et al vs. Simmons (v.7 pg. 528) Walter C. WHITAKER et al vs. George W. SIMMONS Bullit Circuit Court Decrees #330 Paper # 8 Contd. He would admit that a grant issued to William OWENS for .. 200 acres... that adjoins his farm on Cedar Creek and Salt River in this county, but he does not know.. that the same issued and bears date 27 July 1786. When filed it will speak for itself. So of the alleged conveyance from the patentee to Stephen ORMSBY, the elder. He admits that both the ORMSBYS died living wills. He denies that plaintiffs are the owners of all the land described in said patent, if the same is correctly laid down and estimated in the plat found in this suit. If they were ever owners of more than 200 acres of land described in said patent and deed, which this defendant denies, then he is advised.. that.. by virtue of the decretal sale and purchase by one George KULMER, he became and is the owner of same. This is shown by the proceedings in this court in which judgment of sale was had and made an exhibit in plaintiff’s petition. For no part of said land have plaintiff’s right to maintain suit and he pleads and relies on the status against champerty in bar of same. For further answer this defendant says that heretofore on the 22 April 1792, upon a Land Office Treasury Warrant No. 3130, issued 29 February 1783 upon an entry regularly registered and recorded 24 May 1780, there was issued to John GAITHER a patent for 500 acres of land, as is shown by a certified copy of same made part hereof marked (J.G.) He files also a certified copy of the entry and survey marked (B.P.) He alleges that as early as the year 1819 and before that time.. his father Joseph SIMMONS became the owner of said 500 acre tract except so far as same was interfered with by the patent of one John EDWARDS; a question in that year determined judicially in a suit in the name of P. B. TROUTMAN, devisee, vs. J. R. GAITHER & c. He purchased it of said TROUTMAN, to the last of whom it had been devised by Michael TROUTMAN, to the last of whom GAITHER had conveyed it. Copies of the several deeds, evidencing his title are files as parts hereof and marked. Defendant’s said father, by his last will, regularly probated and recorded, devised same: two thirds to this deft. And one third to a grandson Albert W. SIMMONS, and in case of the latter’s death before arriving at the age of 21 years, his third to pass to this defendant. Said Albert did die before attaining his majority and by virtue of the will defendant became the owner of all of said 500 acres except as before stated. Copy of his father’s will made an exhibit. He charges that the patentee GAITHER settled on and improved said tract, cultivated and enjoyed, paid taxes, and (photocopies skit to page 532) Paper # 11c contd. as the corner of TILLEN or John EDWARDS; thence S23E the course called for in the original survey of TILLEN or EDWARDS ploes to the intersection of GAITHER’s or SIMMON’s line, at which place the Commissioners planted a stone. All of which is represented on the annexed plat, which see. Febr. 21st & 22nd 1839. (signed) J. D. S. PEACOCK , S. B. C, Pursuant to an advertisement of the said Joseph SIMMONS to procession his land, the tract above named, I went on the land of said SIMMONS on the day of 1839 in conjunction with James STRANEY & Wilford LEE , the before named commissioners, and proceeded to the lower corner before named on the bank of the Salt River, and at which time and place the said Joseph SIMMONS proved the corner of TILLEN or John EDWARDS to be at or on a large beech tree marked as a corner and 5 poles and 7 links below the beech and stone as before represented to be the corner (proved by the oath of James GAITHER, the son of the original locator, John R. GAITHER) Run thence S23E, the course called for in EDWARDS survey; found no line trees (see the deposition of James GAITHER as respects this line) Continued this line on past the intersection of Jos. SIMMONS line or GAITHER’s original line, and run one pole & a few links west of a stump in Wilford LEE’s field, said by James STRANEY, one of the commissioners, to be an original corner in the line of TILLEN or EDWARDS survey. Met on the day of 1839 and but one of the commissioners met. Met again on the day of 1839, two of the commissioners present, LEE & STRANEY, and began at a corner of Jonathon SIMMONS land and run the course and distance as called for in the conveyance of TROUTMAN to Richd. SIMMONS Sr., decd, and ran to or near a forked beech, proved by Jacob TROUTMAN to be the original corner of his father, Michael TROUTMAN’s land, and in the original line of TILLEN or EDWARDS survey. I then reversed the course of Tillen’s line & run back to the intersection of GAITHER’s or SIMMON’s line which is distant from a leaning poplar tree in the corner of Joseph SIMMONS fence. See the annexed plat (signed) J.D.S. PEACOCK, S.B.C. (page 533) Paper #11c contd. Explanation of Plat The corner 4:1 is the corner as proven by James GAITHER. T. The corner proven by Jacob TROUTMAN and a small distance past the intersection of GAITHER’s and TILLEN’s or EDWARD’s lines: said to be the original corner of Michael TROUTMAN (see Jacob TROUTMAN deposition, herewith filed) The red dotted line represents the line first run and is 5 poles & 7 links eastwardly or up the river from the blue liej & at 4. On the river is a marked beech tree near which there is a fallen down white oak, at which place the commissioners planted a stone, the first they met. 3X represents white oak, red oak, & walnut proven by James STRANEY (personal note-email me if you want a scanned copy of the plat drawing) (photocopy skips to page 539) Paper #11e contd. where the beech now stands; one of them is long since fallen and rotted. And further saith not. (signed) Jacob TROUTMAN This deposition sworn to before us the processioners. (signed) J.D.S. PEACOCK, processioner Paper # 11f Deposition of James STRANEY: taken 6 June 1839 at the house of Joseph SIMMONS in Bullitt County, KY. Deponent.. states that he has known the white oak tree at 3X on the plat, being TILLEN’s southeastwardly corner on his four hundred and forty acre tract, ever since the year 1819. It then stood in Nathan HARRIS’ enclosure and was shown to me by said Nathan HARRIS as his corner & line before he bought Levi SIMMONS land. After HARRIS bought of SIMMONS, the tree was within his enclosure, and he owning the land around it, I cut it down at his direction to make logs for his, said HARRIS’ mill. It was then anciently marked as a line & corner tree, and the annulations thereof were many, but the exact number not now recollected. The processioners this day in running the line out from Salt River to said tree came within a pole and a few links of the stump of said tree. And further saith not. His (signed) James X STRANEY mark Sworn to before me one of the comrs. (signed) J.D.S. PEACOCK Paper # 11g Processioners Report: filed 22 Oct. 1839; recorded in Processsioners Book. The undersigned processioners appointed by the .. Bullitt County Court to procession the lands of Joseph SIMMONS in said county proceeded on the 6th day of June 1839 to discharge said duty, and having met at the house of Joseph SIMMONS pursuant to public notice, we began at Salt River at a beech tree shown us by James GAITHER as the corner of said SIMMONS tract (see GAITHER;s deposition filed herewith) Also reference to report of surveyor. We also refer to the deposition of Jacob TROUTMAN filed herewith, who identified a beech tree which once stood in TROUTMAN’s (now SIMMONS, Wm) line to enable us to ascertain the true line. We ran a cross line from POPE’s line to the old compromise line between GAITHER and TROUTMAN, and (page 540) the beech tree proved by TROUTMAN in his deposition stands in said line. By the intersection of said lines, and by running out courses and distances we are of opinion that the corner to Joseph SIMMONS land is properly in William SIMMONs field; and we were proceeding to plant the corner stone at the point, but it was opposed by William SIMMONS who was present, and we did not plant said stone. This is the only corner to said tract that is not designated by some object in the original patent calls. And the spot where we adjudge the corner should lie is easily designated by running the lines and cross lines aforesaid. All of which is respectfully submitted. (signed) Wilford LEE his (signed) James X STRANEY mark (signed) J.D.S. PEACOCK, S.B.C ------------------------------ From: Maria Troutman Date: Mon, 26 Jan 1998 12:25:31 +0200 Subject: KY-F: McDowell vs. McDowell, deposition, Troutman - Bullitt Co Ellen MCDOWELL admr vs. Woodford MCDOWELL goln Bullitt Circuit Court Decrees 302, 306 (page 527) Deposition of H.F. TROUTMAN (no date given) Q. by Wood MCDOWELL. What is your age and where do you reside. Are you acquainted with Woodford MCDOWELL. Did you know J.B. MCDOWELL if yes, for how many years before his death. Were you much with him. Were you acquainted with his habits as to economy or extravagence. A. I am 25 year old; live in Shepherdsville. I am acquainted with Woodford MCDOWELL. I knew J. B. MCDOWELL, was well acquainted with him for four years before his death. I knew him prior to that time. I was often with him. I was with him nearly every day for about two years. I considered him very extravagant so far as money matters were concerned. Q. If you know of J. B. MCDOWELL's indebtedness to the deft Woodford MCDOWELL, his father, state what you may know or heard J.B. MCDOWELL say in regart thereto: State if you know of deft. Letting him have money on different occasions. A. I have heard J.B. MCDOWELL say he was indebted to his father but don't remember to have heard him say what amount. I have heard him say he owed the old man a great deal more than he ever expected to pay him. I saw Woodford MCDOWELL give John B. MCDOWELL money twice --$100 on one occasion and $100 on another. Q. State where and with whom J.B. MCDOWELL lived from your first knowledge of him up to a short time before his death. A. He lived with his father out here on his farm. Q. Was he or not liberally supplied by his said father with money and everything else he wanted. A. He was so far as I know. Q. Did he or not use whatever he wanted off of said farm and when ever he wanted it. A. He did up to a short time before he married. Q. Will you examine paper her shown you, purporting to be a note of J.B. MCDOWELL to Woodford MCDOWELL for one hundred dollars. State in whose hand write said note is. A. I have examined said note and take it to be John B. MCDOWELL's handwrite, and make a copy of it, a part of my deposition and mark it H.F.T. Q. Was or not J.B. MCDOWELL for some years before his death very hard run and borrowing money. Was or not Wood MCDOWELL during the same time perfectly good and solvent. A. Jno B. MCDOWELL ws borrowing money, as I said before; Wodford MCDOWELL was good at that time Q. If you know of J. B. MCDOWELL's gambling for some years before his death state what you may know about it. A. I saw him gamble very little. Q. Will you make suit of J. B. MCDOWELL's Exe on his creditors part of your deposition. A. I make it part of my deposition. Q. Was the note you make copy of part of this deposition given for the $100 you say he got of his father. A. I did not se the note given. Q. Was the money gotten abuot the time of the date of that note Nov. 1867 R. The $150.00 was in 1867 when he and I were buying stock. The $200 was given Jno B. MCDOWELL during the sitting of the Legislature while John was on a visit here at home. I think it was the winter when his father gave him the $100.00 By Same. You state that J.B. MCDOWELL lived with his father from your first knowledge of him up to short time before his death. Now did or not said MCDOWELL during all that time manage and attend to the business of his father. A. Yes. He was attending to the business of the old man during that time. By same. Was the old man during that time or most of it, capable of attending to his business. A. About three years of that time I did not think he was. By same. You say that Woodford MCDOWELL was good. Now is it not true that since your first acquaintance with him, it has been next to impossible to get him to settle with anyone. State all you know in this regard. A. At times whenever he was drinking he would not settle. I made two or three settlements with during that time. By same. Had you not great trouble in getting him to make each of the settlements you had with him. Is it not generally reputed of him that he will not settle up his accounts with anyone without being pressed and dogged to do so. A. Yes sir, I had great trouble to obtain said settlements. I believe it is generally reputed of him that he will not settle up his accounts without a great deal of trouble By same. State if you know the year when J. B. MCDOWELL first commenced farming for himself. On whose land did he commence. If on rented land, of whom did he rent. A. I think Jno B. MCDOWELL commenced farming for himself in the fall of 1867. He commenced farming on a piece of land he claimed as his own and on a part of his father's farm. It was my undestanding that John rented it of his father said part of W. MCDOWELL's farm. By Wood MCDOWELL. While J. B. MCDOWELL lived with his father wasn't he carrying on business for himself. A. Yes sir. By same. Didn't he use his father's farm and stock all the time he carried on business for himself whenever he wanted to do so. A. He used the stock. I saw him use the stock frequently. By same .. Wasn't he trading in stock and using the grass land of MCDOWELL for grazing them. A. He was. By Same. State whether or not you held the note of Wood MCDOWELL which in some business transaction between you and John you wanted John to take. State his, John's reasons for declining to take said note. A. No. In a settlement between J.B. MCDOWELL and my father. My father owed J.B. MCDOWELL $100.00 and wanted Jno. B. McD to take it to Wood MCDOWELL. Jno B. MCDOWELL refused to take it and stated he needed the money and he was owing his father and if he took that he would not get any money but the old man would give credit. H.F. TROUTMAN Sworn to and subscribed by H.F. TROUTMAN before me this 13th Oct. 1869 ect.. ------------------------------ From: Maria Troutman Date: Mon, 26 Jan 1998 12:55:27 +0200 Subject: KY-F: Morgan vs. McDowell, depositon, Troutman - Bullitt Co Morgan vs. McDowell's admr. & heirs (v.8a, pg. 321-322) RDN MORGAN vs. John MCDOWELL's Admr. & Heirs Bullitt Circuit Court Decrees # 174 Paper # 14 Depositions: of William CONGROVE, Richard B. SIMCOE, Jacob TROUTMAN, John D. Colmisnil, & J.D. S. Peacock, taken 9 Apr 1841 at the clerk's office in Shepherdsville, KY. (personal note- my copies do include Colmisnil or Peacock) Deposition of William CONGROVE; taken 9 Apr 1841 at the clerk's office in Shepherdsville, KY Q. (by deft) Were you acquainted with the Paroquette Spring tract of land lying near Shepherdsvile upon (which) R.D.N. MORGAN once resided? A. I have frequently been on it. Q. (by deft.) Did you know it before Mr. MORGAN moved on it. A. I have known it for fifteen or sixteen years. I don't know the boundary of the tract. There was some cleared land on it next to town. It was in woods where Mr. MORGAN lived when I first knew it. Q. (by deft) Did you know it from the time Mr. MORGAN moved upon it until he left it? A. I think so pretty much. I don't know the time he left there. Q. (by deft.)How much more, if any, was that tract of land worth when Mr. MORGAN left, than when he moved on the tract? A. That is more than I amble to say, what the tract of land was worth when he left more than when he went on it. Q. (by deft.) If that tract of land had been in the woods at the time Mr. MORGAN moved from it, as it was when he went upon it, would it or not have been worth as much, or near as much, as it was with the improvements put on my MORGAN? A. My opinion is, the house was worth something. There is some of the land I would rather have had as it was, a hickory grove probably. Q. (by deft.) If the ground had continued in timber from the time Mr. MORGAN went upon it up to the time he left, would or not the tract been worth as much, or near as much, as it was with Mr. MORGAN's improvements when he left? A. There was a hickory grove cut off there, as I told you. I would rather have had it standing. The balance of the land I do know how much he did improve. Q. (by deft.) Do you recollect the condition of the buildings when Mr. MORGAN left? A. I don't know how long it had been since I was there when Mr. MORGAN left. (signed) William CONGROVE Deposition of Richard B. SIMCOE; taken 9 Apr 1841 at the clerks office in Shepherdsville, KY Q. (by deft.) How long have you known the tract of land called Paroquette Springs tract on which R.D.N. MORGAN lived in Bullitt County? A. The first time I ever knew the tract I think was in 1833. I moved here in 1834. I think Mr. MORGAN had left. I did not know the place until the year before. Mr. Robert MCDOWELL lived on the place when I moved here. Q. (by deft.) Do you or not think the tract, as you first knew it, of as much value as if it had been in the woods? A. I would rather have had it in the woods, if it had been mine, as near town as it was. I never knew it when was in the woods. A part of the land was cleared when I first knew it. Q. (by deft.) What was the condition of the buildings and improvements generally when you first knew it? A. As to the fencing, it's condition was very bad. The house, I believe, is not finished to this day. Q. ( by deft.) When did John MCDOWELL die? A. I just now heard Woodford MDDOWELL and R.D.N. MORGAN say he died on the 16th day of Sept. 1838. (signed) R.B. SIMCOE Deposition of Jacob TROUTMAN; taken 9 Apr 1841 at the Clerk's office in Shepherdsville, KY Q. (by Woodford MDDOWELL) Did you know the tract of land near Shepherdsville called the Paroquette Spring Tract, upon (which) R.D.N. MORGAN once resided. A. Yes, I knew the tract of land, but it is a great while ago when they made salt upon it in 1807, 1808 or 1809. That is the first time I recollet being upon it. Q. (by deft.) Have you known it ever since? A. I have never been out of the county. I have generally been about here. Q. (by deft.) Did you know the tract of land from time Mr. MORGAN moved upon it until he moved off of it? A. I knew it when he lived there. I was there once. MORGAN came after me to go after a runaway negro. That was the first time I ever was in the house after Mr. MORGAN moved upon it. I have been past the place often. That was in 1832, as was I recollect. Q. (by deft.) How much would you consider that tract of land was increased in value by the lasting improvements put on it by Mr. MORGAN? A. I don't know. That is a hard questions to answer. Q. (by deft.) Give your best impression on that subject. A. I think I could take six hundred dollars and do all the improving upon the place when I was there in 1832. The house was not finished then. Q. (by deft.) Do you or not believe that the wood cut off the tract and the rent of the place for seven years, a fair equivalent for all improvements made upon it? A. If the timber was in the same situation that it was when I saw first the tract in 1807, 1808 or 1809, I would suppose it was. I do not know the situation of the timber was when Mr. MORGAN moved upon it. Q. (by deft) Have you or not worked at the business of building frame houses and furnishing lumber for that purpose A. I have bought the lumber and put it together. (signed) Jacob TROUTMAN ------------------------------ From: Maria Troutman Date: Mon, 26 Jan 1998 14:44:25 +0200 Subject: KY-F: More on McDowell vs. McDowell - Bullitt Co E. McDowell vs. W. McDowell Ellen MCDOWELL vs. Woodford MCDOWELL Bullitt Circuit Court Chancery Decree # 302 (v. 9) Paper # 9 Notice 17 May 1869 The deft. Is notified that the plantiff will take depositions at the office of R.H. FIELD in Shepherdsville on the 19 Inst Yrs. May 17, 1869 (signed) Ellen G. MCDOWELL 17 April 1869 executed on Wood MCDOWELL by W. PHELPS, SBC Paper # 10 Summons; 17 May 1869, to Bullitt County, summoning Jack RICKERSON & John BRIDGES to give their depositions. (signed) R. MCCONATHY, Examiner for Bullitt Co., Executed by W. PHELPS, SBC. Paper # 11 Summons; 19 May 1869, to any constable of Bullitt Co., or the Town Marshal of Shepherdsville, commanding them to summon Wat MARAMAN to give his deposition in the law office of R.H. FIELD in Shepherdsville on the 19th May, & Worden P. STALLINGS on the 20th May 1869. R. MCCONATHY, Examiner. Executed 19 May 1869 by H.F. TROUTMAN, SBC. Paper # 12 Amended Asnwer of Woodford MCDOWELL; 19 May 1869; filed in court 9 June 1869. The defendant Woodford MCDOWELL .. amends his answer herein and states that since the filing of his original answer herein, the commissioners appointed by this court in this cause have divided the land in controversy and in that division that portion of the land on which the house in controversy was built, was allotted by them to this defendant, and the house thereon & in controversy herein was charged to and accounted for by him in said division=97and by reason thirty seven and 1/8 acres, while plantiff received fifty eight acres =96 near twenty one acres more land than that received by deft. Deft. Says for such portion of the house as he contributed toward building amounting to $ , he says he is entitled to a decree against plantiff for . He asks for all..... relief. Tho. & A. H. FIELD, pd Sworn to by Wood MCDOWELL 19 May 1869, R.H. LANSDALE, clk. (page 238) Depostion of John T. RICKERSON: taken 19 May 1869 at the law office of R.H. FIELD in Shepherdsville, KY. Q. (by deft) Did you do the carpenter work in the house in controversy in this suit? A. I did. Q. (by pltff) And by whom were you paid , if at all? A. I was paid by Jno. B. MCDOWELL. He gave me the money himself. I was charging him by the day. The work came to sixty dollars. Q. (by pltff) Was there or not some material bought in Louisville; doors & sash? If there was, state what, the cost and by whom purchased. A. Jno. MCDOWELL and I went to the fair together and he gave me the money to pay for the sash. They cost in Louisville $7.20. I afterwards bought two panel doors. They cost $9.60. He also gave me money to pay for them. I bought three barrels of lime of Callahan & paid $1.50 per barrel, and three pairs of hinges, which I think were worth $1.00. He gave me the money to pay Callahan & I did so. Q. (by pltff.) How many shingles were used in covering the house? Who purchased them? And what did they cost? A. There was 6000 used. Frank TROUTMAN purchased them. I don't know what they cost. Q. (by pltff) Were they or not worth about $4 per thousand? Is not $4.00 a fair price? A. I don't know what they were worth then. I think they were worth $3.50 at the machine. Q. (by pltff) Could a wagon make more than one load a day from the machine to the building? A. They could not make more than one load. Q. ( by pltff) Is or not $3.00 per day a low price for a wagon? A. I think it is little enough. (page 243) Paper # 13 contd. Deposition of L. HOGLAN; taken 19 May 1869 at the lasw office of R. H. FIELD in Shepherdsville,KY. Q. (by pltff) If you know the price of laths within the last year or two, please state. R. I paid ($3.00) three dollars for cut laths when I was building, which was in the fall of 1867. Sawed ones are worth 50 cents more. The freight on 2000 from Louisville would be 50 cents. (signed) L. HOGLAN The further taking of depositions is adjourned until tomorrow the 20th May 1869. (signed) R. MCCONATHY, Examiner The foregoing depositions certified and written by R. CONATHY, Examiner for Bullitt Conty. The plaintiff by be attorney was present. The defendant was present in person and by his attorney. Fees for taking the above depositions, amounting in all to $9.10, were paid Ellen MCDOWELL by her attorney, R.H. FIELD. Paper #14 Summons: 19 May 1869 ; To Town Marshall of Shepherdsville, directing him to summon W.B.M. BROOKS & G.C. SHANKLIN to appear 28 May 1869 at A. H. FIELD's law office in Shepherdsville to give their depositions. Also J.M. ABBOTT. Executed 24 May 1869 on J.M. ABBOTT & G. C. SHANKLIN and 28 May 1869 on W.B.M. BROOKS by H.F. TROUTMAN, town marshall. Paper # 23 (pg. 248) Notice 25 Sept. 1869 The defendant is notified that the plantiff will take depositions at the house of Susie SMITH in this county on the 27th Inst. And at the office of R.H. FIELD in Shepherdsville on the 28 Inst.... (signed) R.H. FIELD, attorney Sept. 25, 1869 for plaintiff Executed on Wood MCDOWELL 25 SEpt. 1869, by H. F. TROUTMAN, town marshal of Shepherdsville. Paper #24 Deposition of Wilhite CAREPENTER; taken 14 Oct 1869 in Bullitt County, KY Q. (by deft. Woodford MdDowell) State whether or not some nails were bought of you to be used in the erection of the house on the land named in the suit. If so, state who paid for them and how much, if you recollect. A. During the building of that house, Woodford MCDOWELL & John MCDOWELL both told me to let his servants or anyone they sent have what they called for. They sent for some nails, I think, by Phil, a colored boy, & perhaps by others, on several occasions. They were charged to Mr. Wood MCDOWELL; at least some of them, perhaps all of them, and Woodford MCDOWELL paid for them. I understood the nails were to be used in the sid house. I don't recollect the amount they cost. It was a few dollars, -- 2 or 3 dollars; perhaps more. I could not state. Q. (by pltff) Would you consider the house built on that 95 acre tract a necessary improvement on same and further that it enhanced the value of said 95 acres to the extent of the costs of the same? R. I don't know that there is any other house on said land and taking the 95 acres tract disconnected from Woodford MCDOWELL's farm I think said house was a necessary improvement. The house made the land worth more. I don't know what the house cost. ( no more photocopied on this man) (page 280) Paper # 44 Rule ; 12 Oct 1869 On motion of Deft. Woodford MCDOWELL a rule is granted him against the pltff. To produce before the master commissioner at his office in Shepherdsville on the 15th day of Oct. 1869, the account book of J. B. MCDOWELL, on page 100 of which deft. Claims that J.B. MCDOWELL charged himself with $80. Collected by him for Deft. Woodford MCDOWELL. Witness my hand this 12th day of Oct. 1869. William J. MCCONATHY, comr. I accept service of this rule 12th Oct. 1869. I know nothing personally of the book referred to. Intend writing to Mrs. MCDOWELL today to produce it if in her possession and will file her response on receipt. R. H. FIELD Paper # 45 Deposition of H.F. TROUTMAN; taken 13th Oct 1869 in the circuit clerk's office, Shepherdsville, KY. (see other message of McDowell vs. McDowell , deposition of H.F. Troutman) exact word for word (page 283) Paper # 46 Note; 11 Nov 1867; Exhibit "H.F.T." referred to in preceeding deposition. $100 One day after date I promise to pay Woodford MCDOWELL one hundred dollars for value recd. Of him this Nov 11th 1867. (signed) J. B. MCDOWELL Woodford MCDOWELL says that the within note is just, due & unpaid, that there is no usury contained therein and no offset or discount against the same. (signed) Woodford MCDOWELL Subscribed & sworn to before me by Woodford MCDOWELL 22 July 1868. (signed) A. H. FIELD, H.P.B.C Ky. Bullitt Circuit Ct. Sct. The above is a true copy of the originial note & certificate thereon on file in the suit of J. B. MCDOWELL's exix. Vs. J.B. MCDOWELL's creditors on file in my court. (signed) R.H. LANSDALE, clk. Page # 47 Depostion of Wilhite CARPENTER; taken 14th Oct 1869 at Bullitt Co, KY. Q. (by deft Woodford McDowell) State whether or not you know Woodford MCDOWELL. If so, how long & how far have you resided from him for the last fifteen or twenty years? AI know him and have known him for twenty odd years and have lived about two miles from him during that time. Q. (by deft) State whether or not John B. MCDOWELL after he became of age resided with his father, Woodford MCDOWELL, up to his, John B. MCDOWELL's marriage & whether or not during said time John B. MCDOWELL did business for himself, traded a good deal of stock & whether or not he always during said time used for his stock the pastures of his father, belonging to the farm where they resided. A. I think he made that his home, when he was not in the army, or out trading. I think since he has been grown that he (end of photocopy). ------------------------------ From: Maria Troutman Date: Mon, 26 Jan 1998 16:19:30 +0200 Subject: KY-F: McDowell admr vs. McDowell Heirs, Bullitt Co McDowell Admr. Vs. McDowell Heirs (v.10) John MCDOWELL Admr. Vs. John MCDOWELL Heirs Bullitt Circuit Court Decrees # 420 Paper # 20 Voucher No. 1; 2 Jan 1882 Received of Charles Carroll $1.50 in of (sic) my services as appraiser of the estate of John MCDOWELL deceased. Jan. 2, 1882 (signed) Jno. F. SHANKLIN Paper # 21 Voucher No. 2; 2 Jan 1882 Received of Charles CARROLL $1.50 in full of my services as appraiser of the estate of John MCDOWELL deceaded. Jan 2, 1882 (signed) Joe BALEE Paper # 22 Voucher No. 3; 10 Jan , 1882 Received of Charles CARROLL administrator of John MCDOWELL deceased three dollars in full for my services in appraising the estate of said MCDOWELL Jan. 10, 1882 (signed) C.M. CRIST, D.C. Paper # 23 Order 26 Aug. 1882 Mr. C.C. CARROLL, admr. Pay to R.L. TROUTMAN 3.00 the amount due me from the estate of John MCDOWELL for swearing in Comrs. (signed) C.M. CRIST, D.C. August 26, 1882 Paper # 24 Voucher No. 4; 12 Dec. 1880 C. SCHILDT Louisville, KY Dec. 12, 1880 D. Ben SCHILDT Mr. J. F. TUCKER for John MCDOWELL Bought of C. SCHILDT & son Undertakers and dealers in furniture mattresses, & c. 119 E. Market Street bet. Floyd & Preston 1 large coffin 35.00 Box 3.00 Shroud 6.00 total 44.00 Paper # 48 contd (don't have the first part of it) line to Floyd's Fork; the said John H. And B.M. SHEPHERD bidding the $1477.20 amount of money ordered to be made for the 312 acres less the dower and 104 acres herein before described. Before selling said property I had it appraised as required by Jacob J. WELLS & W. CARPENTER who valued the 312 acres subject to dower of Nancy MCDOWELL in the 60 acres at $3120.50 and the 312 acres less the 60 acres dower at $2525.00, said appraisement marked NO. 1, and made part hereof. After selling the said property, I had the land sold valued as required by law by W. W. ZAZIO and R. L. TROUTMAN, viz the 312 acres less the 60 acres dower and 104 acres adjoining same at One thousand four hundred and eighty dollars. (ten dollars per acre) said appraisement filed and made part hereof, marked No. 2. And thereupon they executed their bonds payable in six and twelve months with James SHEPHERD as surety, said bond payabel to E. W. HALL commissioner bearing six percent interest from date, said property, until all the purchase money is paid, said Bond filed herewith, and made part hereof. All of which is respectfully submitted 21 May 1883 (signed) E. W. HALL, Master Commissioner of said court Attested by J. F. COMBS, clk. Appraisement No.1; 15 Jan 1883 We the undersigned housekeepers residing in Bullitt County Kentucky not related to any party to this action nor interested therein, being duly sworn value the land adjudged to be sold herein as follows; the 312 acres subject to the dower of Nancy MCDOWELL in the 60 acres allotted her - we value at $3120 and the 312 acres less the 60 acres dower we value at $2520 Given under our hands this 15 January 1883 (signed) Jacob J. WELLER (signed) W. CARPENTER Sworn to before me by Jacob J. WELLER and W. CARPENTER this 15 Jan. 1883. (signed) E. W. HALL, Master Comr, Bullitt Circuit Court Appraisement No. 2; 26 Jan 1883 We the undersigned housekeepers residing in Bullitt County Kentucky not related to any party to this action nor interested therein being duly sworn value the land bought by John H. And B. M. SHEPHERD at Commissioners sale made 15 Jan 1883 under judgement rendered in said cause at one thousand four hundred and eighty dollars (or ten dollars per acre) The land bought by them being the John MCDOWELL farm of 312 acres less the 60 acres laid off as dower and 104 acres adjoining the dower to be cut off by straight line running North and South from Knight's line to Floyds Fork. (signed) W.W. ZAZIO (signed) R. L. TROUTMAN Sworn to before me this 26th day of January 1883 by W. W. ZAZIO and R.L. TROUTMAn. (signed) E. W. HALL Master Comr. Bullitt Circuit Court Paper # 51 Bonds; 15 Jan 1883; 2 bonds for $ 738.60 on same paper given by John H. SHEPHERD and B.M. SHEPHERD with James SHEPHERD their security to E.W. HALL. The first bond due in six months; the second in twelve months and both bearing 6% interest until paid. Both to have the force and effect of a judgement. Witness E. W. HALL comr. First bond bearing receipt: "Received of John H. & B. M. SHEPHERD seven hundred and sixty dollars and seventy five cents in full of the within bond Aug. 29, 1883 (signed) E. W. HALL Comr" Second bond bearing receipt; "Received of John H & B. M. SHEPHERD, seven hundred and eighty five dollars and 50 cents in full of within bond. - - Feb. 11, 1884 (signed) E. W. HALL, Receiver Bullite Cir. Ct." Paper # 52 The Master Commissioner's report of sale heretofore filed in court is confirmed, and the Master Commisioner is directed to collect the sale bonds executed by the purchasers of the land as they fall due, and apply the proceeds to the payments of the debts allowed in this action, paying just the preferred debts. And Casper HERPS, surveyor of Bullitt County to go upon the land described in the petition on or before the first of July 1883 and judgement. And having first surveyed the dower of Mrs. MCDOWELL shall lay off adjoining it 104 acres by a straight line running North and South from Knights line to Floyds Fork, the balance of said tract to go to John H. And B. M. SHEPHERD purchasers at the Master Commissioners sale. The costs of the survey to be paid by the widow and heirs of John MCDOWELL deceased in proportion to their respective interests. ------------------------------ From: Maria Troutman Date: Mon, 26 Jan 1998 19:56:55 +0200 Subject: KY-F: Circuit Court: Pope vs McGee, Bullitt Co Benjamin POPE Jr. Vs. Patrick MCGEE Bullitt Circuit Court Judgments # 1 (v. 13) Your orator, Benjamin POPE, Jr., would show that his father Benjamin POPE, Sr and a certain Patrick MCGEE the 19th October 1786 made an exchange of land -- that is to say the said MCGEE agreed to give the said Benjamin, your orator's father, the tract on which the said MCGEE then resided on Salt River, commonly known as the Ferry Tract, containing 450 acres for lands of the said POPE on the Beech Fork; and Your Orator's father executed his obligation to the said MCGEE for the conveyance to the said MCGEE for the conveyance of the land to be given in exchange on his part, which bond your Orator's father had long since satisfied and complied with=97yr. Orator further states that the said MCGEE at the same time to wit: on teh said 19th day of October 1786, executed his bond to your Orator's father, the said Benjamin POPE, Sr., in the penalty of 1000 pounds current money of Virginia conditioned for the conveyance of the said Ferry Tract by a good and sufficient deed or deeds; which bond is in the following words and figures to wit "know all men by these presents that I, Patrick MCGEE, etc., " which bond your Orator prays may be taken and considered part of this bill. Your Orator further states that the said Benjamin POPE, Sr., on the 23rd day of August 1799, by his endorsement on the said bond assigned the same to your Orator; which assignment your Orator also prays may be taken as part of this bill. Your Orator further states that the tract known by the name of Ferry Tract at the time of the aforesaid contract of exchange and contemplated by the parties, was a part of three tracts of land surveyed in the name of John EDWARDS and conveyed by the said EDWARDS to the said MCGEE and bounded as follows to wit: Beginning at 3 maples on Salt River, being the lower corner of a track of land of 450 acres conveyed by the said MCGEE to a certain Michael TROUTMAN; running thence S23E 556 poles to two white oaks (illegible) corner to a track of 450 acres conveyed by the said MCGEE to Richard SIMMONS; thence S67W 142 poles to a tract of 400 acres surveyed for William POPE and Paul FROMAN, asee - thence N23W 502 poles to a large hickory, two beeches and small walnut on the bank of Salt River - thence up Salt River to the beginning. Your Orator further states that the land yr Orator's said father gave the said MCGEE in exchange was conveyed by a deed with general warranty and such conveyances was conveyed by a deed with general warranty and such conveyances your Orator conceived was contemplated by the parties at the time of the contract of exchange as afsd Yr. Orator further states that the said MCGEE fraudulently designing to evade the force and effect of his said obligation, although frequently requested by your Orator's father before the said assignment and by your orator since, has altogether refused and neglected to convey the said Ferry Tract pursuant to his said writing obligatory. Your Orator further states that the said Ferry Tract includes the plantation on which Your Orator's father now lives; all which acting's and doings of the said deft. Are fraudulent and contrary to equity and good conscience. POPE for compt. Bill was filed Jan. Term 1800, -- July term, dismissed by ptff. ------------------------------ End of ky-footsteps V1 #359 *************************** USGENWEB NOTICE: In keeping with our policy of providing free genelaogical information on the Internet, data may be freely used for personal research and by non-commercial entities as long as this message remains on all copied material. These electronic pages may not be reproduced in any format or presentation by other organizations or persons.Persons or organizations desiring to use this material for profit or any form of presentation, must obtain the written consent of the file submitter, or his legal representative and then contact the listed USGENWEB archivist with proof of this consent.