Parker Chancery Suit, 1845, Court's Answer, 1849 - Bedford Co. VA Superior Court Case #527 Bedford County, VA Filed February 26, 1845 To the honerable Daniel Wilson Judge of the Circuit court of Law and chancery for the County of Bedford. The bill of complaint of Moses Parker, James Parker, Sally Parker, & John Parker, & Nicholas Robertson sheriff of Bedford, and as such administrator of Mary Welsh, deceased respectfully represents that Mary Welsh in her lifetime, to wit, on the 2nd of November, 1836 sold to a certain John Carter a tract of land lying in the County of Bedford, estimated to contain about 100 acres, at the gross price of $400, to be paid as follows, to wit, $100 in cash & to execute his bond to the said Mary Welsh for $200 payable on demand, & for $100 payable on the ___ day of April, 1837, & was moreover to maintain the said Mary Welch during her life in a good comfortable manner, and the said Mary Welsh by the said contract was to make a good and lawful deed to the said John Carter, conveying to him the said land as soon as possible. Which said contract was reduced to writing & signed and sealed by the said Mary Welsh & the said John Carter, & the same is herewith filed as a part of this file. The said John Carter took immediate possession of the said land and has held the same ever since. The plaintiffs further represent that the said John Carter never either executed his bonds to the said Mary Welsh or paid her any portion of the purchase money or furnish her a comfortable support that either owing to the fact that the said John Carter never complied with his contract in the above particulars or owing to the great age & consequent decay of mind of the said Mary Welsh she omitted in her lifetime to make sure the said Carter a deed to said land. That on the day of ______18__ the said Mary Welsh departed this life, leaving your orator Moses Parker, James Parker, & Catherine Kern (the wife of Michael Kern), Sally Carter (the wife of said John Carter), and Aaron Parker (if living) her children and surviving her. Your oratrix & orator Sally Parker and John Parker are the only children of Nancy Parker a deceased daughter of the said Mary Parker. Your orator and oratrix Moses, James, Sally and John together with the said Catherine Kerns, Sally Carter, and Aaron Parker (if alive) are the proper & only heirs at law of the said Mary Welsh, decd. The said Aaron Parker left this county about 40 years ago, and has not been heard of since – he is probably dead. The plaintiffs further represent that the said John Carter now wholly refuses to comply with the contract of purchase of the said land, yet he still holds possession clearing and cultivating the same. Some times he pretends that he paid the said Mary Welsh released him from the payment of the said purchase money. But the plaintiffs ??? that the said John Carter never did pay to the said Mary Welsh in her lifetime any portion of the said purchase money, & that never did at any time during her life release him from the payment thereof, and that the said John Carter has at no time since the death of the said Mary Welsh paid the same to any person whatever, but the whole thereof is now due. Your orator and oratrix, Moses, James, Sally and John on their parts are willing to convey to the said John Carter their interest in the said land upon the payment of the said purchase money, and or suspects the said Michael Kerns and Catherine his wife, the plaintiffs have been informed and believe that the said John Carter has paid to then said Michael a sum of money, on condition that he shall not insist upon the payment of the whole of the purchase money, the said Kerns refuses to write with your orator and oratrix in this suit or any suit the object of which is to compel the said John Carter to fulfill the said contract with the said Mary Welsh. To the end therefore that your orator and oratrix may obtain that justice to which they are entitled they pray that the said John Carter and Sally his wife, Aaron Parker, Michael Kerns and Catherine his wife, may be made parties defendants to this suit & compelled each on his and her ??? oath to ??? all and singular the allegations of this suit, or fully ??? ??? as if here again echeated & they particularly interrogated, and your honor will decree that the said John Carter shall pay the whole of the purchase money for the said land, and that upon the payment ??? that the said Michael Kern & Catherine his wife, and Aaron Parker (if alive) shall be compelled to write with your orator and oratrix in such deed of conveyance of the said land to the said John Carter as under the agreement aforesaid he is entitled to receive, and grant to your orator and oratrix all such other & further relief of Justice and the return of their case may require and or are duly bound they ??? ???. ********** Parker vs. Carter - Answering Filed April 10, 1849 The joint and several answering of John Carter and Sally his wife, and of the said John Carter in his own right to the bill of complaint exhibited against him, and others in the Circuit Superior Court of Law, and Chancery for the county of Bedford by Moses Parker, James Parker, Sally Parker, and John Parker, and Nicholas Robertson sheriff of Bedford, and as such administrator of Mary Welsh deceased. These defendants saving & for answer say that they admit that the defendant John Carter did on the 2nd day of November 1836 enter into the written agreement referred to in the bill with Mary Welsh, the mother of the defendant Sally: but they deny that the said John Carter took immediate possession of the land therein mentioned. On the contrary they offer that he never got possession thereof until the month of December 1837: and that the said Mary Welsh rented out said land for the period between the date of said agreement & the month of December 1837, and received the rent therefor. It is true that the said John Carter never executed his bond in pursuance of said land agreement, but he was at all times ready and willing to do so, upon the said Mary Welsh executing to him a good, and lawful conveyance of said land, which she wholly failed to do. He denies having failed to comply with said agreement by not having furnished her with a comfortable support. On the contrary he offered that from the date of said agreement, and ??? from a friend(?) antecedent thereto to the time of her death, did he furnish her with good and comfortable maintenance and support, and that owing the whole of said period he did much more in this respect than his contract aforesaid called for. During the greater part, if not the whole of said period, she was perfectly helpless and bed ridden by reason of her extreme old age and dependant and required and received the constant nursing and attention of this defendant and his family. For the nursing and attendance they bestowed, the said John Carter claims a liberal, and fair compensation in as much as it was not within the scope of his agreement, and was onerous in the extreme. He furthermore denies more allegations of the bill in which it is charged that he has paid no part of the purchase money for the said Mary Welsh since the date of the said agreement and that when ??? are added, the rent of the land which was received by for the time which intervened between the sale of the land and his obtaining the possession thereof to which he is justly entitled, and a fair and reasonable compensation for the nursing and attendance aforesaid, it will be found that he has paid a very considerable portion of said purchase money of all these matters he is ready and willing at any time to render an account before a commissioner of this court should such an account be directed. He denies that he has ever refused to carry the agreement aforesaid into execution, or that he has ever allied, or stated that the said Mary Welsh had released him therefrom or that he had paid the whole of the said purchase money, but for reasons herein after stated that the said agreement is valid, a obligatory or should be enforced. These defendants do not admit that the plaintiffs, of any, or either of them heirs of the said Mary Welsh, or entitled to any portion of, or interest in her estate. They insist that the said Sally Carter and Catherine Kerns were the only lawful heirs of the said Mary Welsh, and the said John Carter having purchased all the land. Michael Kerns’ interest in right of his wife in the estate of the said Mary Welsh the defendants claim to be the sole heirs and ??? of the said Mary Welsh. These defendants further answering state that since the contract of purchase with the said Mary Welsh aforesaid was entered into they have for the first time been informed, and they believe and charge the said information to be true & that the said Mary Welsh purchased the land after the death of her husband, Dominic Welsh (who was the father of the said Sally Carter and paid for the same principally, if not entirely, with the money , or effects belonging to the estate of the said Dominic Welsh. These defendants are also informed, and believe, that the said Dominic Welsh died intestate leaving the said Mary his widow, and the said Sally Carter, and Catharine Kerns his only children and heirs , that after his death the said Michael Kerns was appointed and qualified administrator of the said Dominic, and attempted to take possession of his estate which was of considerable value, consisting of money and stocks of various kinds, and other personal property, but the said Mary Welsh refused to let him take possession of said estate, or any part thereof, or to have it appraised, and retained the whole of it, and apportioned it to her own use, vesting a part of it in the purchase of the land aforesaid. So it is these defendants have not, nor hath either of them ever received, or enjoyed any part of the said Dominic Welsh’s estate. Under these circumstances these defendants insist that the said land should be regarded as belonging to, and constituting a part of the said Dominic Welsh’s estate, and not as the estate of the said Mary Welsh, and they deny that the plaintiffs have any interest in the matter, or have any right to ??? this defendant in this suit, and having thus fully answered these defendants pray to be hence dignified with their costs. Bedford County to wit, The above named John Carter this day made oath before me a justice of the peace in the county aforesaid that the statements made in foregoing answer are here given under my hand this 10th day of Aprl, 1846. Hiram Cheatwood Submitted by Ray Parker **************************************************************** USGENWEB NOTICE: These electronic pages may NOT be reproduced in any format for profit or presentation by any other organization or persons. 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