TAZEWELL COUNTY, VA - COURT - Daniel Horton vs John Horton and George Kendrick (Partial File) --------------¤¤¤¤¤¤-------------- Chancery Court, Tazewell Co, VA Index No. 1813-003 Reply of John Horton to Daniel Horton's complaint To the Worshipfull Court of Tazewell County in Chancery sitting the Answer of John Horton to a bill of complaint exhibited by Daniel Horton against this deponent and George Kindrick. This respondent saving & reserving to himself all manner of benefit of exception to the errors in sd bill of sd complainant for Answer thereunto or to so much thereof as he is advised is material to answer. Answereth & saith - that true it is he did for valuable consideration, convey to the sd Daniel Horton, by two Indentures of bargain & sale, eight nine acres of land, being part of two tracts & parcels of land of sixty acres each conveyed by the Commonwealth of Virginia to this respondent. This respondent further says that he did regularly enter in the surveyor's office of Russell County, and surveyed and by virtue of that survey certified to the Register of the Land Office did obtain a patent from the Commonwealth of Virginia for a certain tract or parcel of land lying or being on both sides of the Maiden Spring Fork of Clinch River, containing sixty acres, of land-- which patent is dated seventeenth day of September in the year of our Lord one Thousand and eight hundred and which is in the words & figures following to wit--James Monroe Esq. Governor etc- which he prays may be taken as part of this Answer--This respondent having made this statement humbly conceives he is entitled to all the land embraced by this patent & that no port of the same can be taken from him by a patent of a younger date improperly & unfairly obtained. This respondent further says that the sd Daniel Horton since the exhibition of his sd bill has proposed to purchase of your Respondent some land which is part of the land conveyed & claimed by Kindrick to sd Daniel which is a circumstance of collusion between Kindrick & sd Daniel to defraud this respondant. This Respondent admits the agreement that if Kindrick proved a better title to all or any part of the land sd John Horton conveyed to sd Daniel, that then this Respondent was to refund two dollars for every acre of the land proved to be Kindricks' so This Respondent having fully, fairly & completely answered the bill of sd Complainant & denying all fraud, prays to be hence dissmissed with his costs expended, etc. [signed] Smith This day personally appeared before me a justice of the peace for the county of Tazewell John Horton and made oath that the above answer so far as it concerns his own acting & doings is true & as far as it concerns the actings & doings of others he believes it to be true, Given under my hand & seal this 23d day of March 1813. [signed] H. Bowen Reply of George Kendrick to Daniel Horton's complained, Daniel Horton vs John Horton and George Kendrick, Chancery Court, Tazewell Co, VA To the worshipful Court of Tazewell County in Chancery Sitting. The Answer of George Kindrick to a bill exhibited by Daniel Horton against the respondeant & John Horton. This respondeant saving to himself the benefit of all Exceptions which may in any way be taken to the Complainants bill for himself. Answereth and Saith. That as it conceives or [interest?] himself he had [?] that a certain piece of land laying on the Maiden Spring fork of Clinch river on either side was vacant, That he went to the surveyor office and the surveyor upon examination told this respondeant it was vacant that there had been an Entry on it made by John Horton but that he Horton had withdrawn his Entry which this respondant can [from?] Whereupon this respondeant purchased from the Surveyor a warrant and Entered Sixty Acres of land being the same which he understood was vacant which Entry this respondeant made in the words & figures following to wit 1800 March 6th George Kindrick Enters Sixty Acres of land lying etc a copy of which Entry is herewith exhibitted and prayed to be taken and made a part of his Answer And this respondant further states that he proceeded regularly to have the said land Surveyed by the Surveyor and obtained a plot and certificate for the same from the Surveyor which this respondant Sent on to the register of the land office upon which a patent issued in the words and figures following to wit John Guerrant Esq Lieutenant Governor etc. which patent bears date 23rd of Aug 1805. Which patent this respondeant prays may also be taken and made part of his Answer---This respondeant saith that the sixty acres before stated is the only land he claims as mentioned in the complainants bill, fifty nine Acres of which land this respondeant sold to the Complainant for the sum of [blank] Dollars. And Admits that the statement made by the Complainant as it respects the agreement between him and this respondeant respecting the Title is true in Substance--This respondeant have set forth his title to the land aforesaid fully & Truly and having Answered the Complainant bill so far as he has been advised in necessary for him at this time And contending that his title is and sufficient one against all and every person or persons--And in as much as all the Actings and doings in this matter of this respondant has been just upright and honest he prays to be dismissed from further defense in this matter and to have his costs in his behalf expended--[signed] [?] for Deft Tazewell County to wit George Kindrick Came before me the subscriber a justice of the peace for the said County and made oath that the matters and things as stated in the above answer are true to the best of his knowledge given under my hand this 25th day of Aug 1812. [signed] Isaac Brown Summons of witnesses The Commonwealth of Virginia to Henry Bowen James Brown and Thos Culler and John Cecil Justices of the Tazewell County Greetings: Know ye that we trusting to your fidelity and provident circumspection in dilegently examining Wm Horton Travis Horton Wm. Romine H. Smith H. Bowen Jno Drake and Abenigo White Witness as well as on behalf of Daniel Horton plantiff vs George Kindrick and John Horton defendants in a suit now depending in the County of Tazewell we command you or any two or more of you that on such custom day & such places as you shall appoint you shall call and cause to come and dilegently examine on the Holy Evangelist of Almighty God and their examinations into our said court distinctly and plainly without delay you send and certify enclosed returning also this as Witness John Crockett Clerk of our said Court at the Court House on the 26[?]th day of May 1813. [signed] Test John Crockett Clerk Depositions [page 1] By virtue of a Commission to us directed we the subscribers Justices of the Peace for the County of Tazewell have met at the house of Capt. William Smith in the County of Tazewell on Saturday the 19th day of June 1813 and have taken the depositions of of the persons hereinafter named to be read as evidence in a suit now depending in the County Court of Tazewell between Daniel Horton pltf and George Kindrick John Horton Defts Harry Smith of lawful age being duly sworn deposeth and saith That at this time is surveyor of Russell County and has been as he believes since some time in the year 1801 That on examining the Entry book he finds an entry made in the name of John Horton bearing date the 16th Oct 1796 for sixty acres by part of Warrant No. 1735 between his own line and Philipes line That he sd Horton withdrew said entry as appears by the entry book on the 7th Dec. 1796. And I do not discover by the entry book that sd Horton ever entered sd land again Further this deponant saith that he believes that some short time before he came into the Office sd George Kindrick entered sd land got it surveyed and perhaps patented to himself. Quest. By Daniel Horton Is Mr. Horton subject to making entries more injurious to his neighbours than profitable to himself. Ans. I think him a man formerly anxious to get any land he conceived that he could hold and I have thought he was not cautious about disputes and I know him to have many disputes about land and takes any land I believe let adjoin or injure who it may? Quest. By the same do not you believe that Mr. John Horton has had ill will or mallice against the family of Kindrick ant that he Horton wanted to take all the land adjoining the [?]right of Kindrick that he thought would injure Kindrick. Ans. Yes [page 2] Quest By John Horton Was not your father Surveyor of Russell County and did not you succeed him as Surveyor. Ans. Yes Quest. by the same are you noways interested in this case Ans not that I know of Quest by the same was not your father frequently intoxicated so that he was not capable of doing bussiness in an office Answer I believe he was frequently intoxicated and I believe he was very cautious about doing any business and never pretended to do business at such a time Quest. by the same have you not found nothing in the office false that is injurious to me since you were surveyor Answer No [signed H. Smith] 2) Abednigo White of lawfull age after being Duly Sword Deposeth and Sayeth, that he was at Colo H. Smith's the Surveyor of Russell County when Colo Smith told him that as he was a man that made a great many Entries and that he Could tell him where there was piece of Vacant land laying up the river above Patrick Kindricks that Mr. John Horton had withdrew his warrant and Entry from off of-and from the understanding I had of it I believe it to be the same land now in Controversy and shortly after that I understood that George Kindrick made an Entry on the Same land. [signed] Abednego [his mark"A"] White [page 3] 3) John Drake of lawfull age after being Duly Sworn Deposeth and Sayeth Question by Dan' Horton Did you not hear me offer John Horton to do away our former Contract of his warrantery and Defending a part of this Survey that he had Sold me and take the ballance without being warraned and Defended at twenty Dollars Or at the Valuation of Good men and Draw the Suit and pay the Cost myself and he refused it Ans. Yes [signed] John Drake 4) Henry Bowen of lawfull age after being Duly Sworn Deposthe and Sayeth That I think Sometime in the Spring of the Year 1811 I was applyed to by Danl Horton and [furhaps] John Horton boath to be Omisman to Value a piece of Land which appeared to be in Dispute between George Kindrick Danl Horton & John Horton and from the lives which was Shown to me by John Horton & Dan' Horton boath I think it was but a small piece and the Greater part not fir for cultivation Question by Dan' Horton Was he not to get other men to Value the land with you Answere I understood he was to get Either One Or two men to Value the land with me Question by the Same Did he not fail to Do So ans. Yes Question by the same Did not we make a Contract for you Value the [page 4] Land on that Day and that he was to get One Or more men to Value the land the Next week Answer Yes Question by the Same Did you not understand that I was to pay sd John Horton five Dollars that Evening towards the land Answer I recollect of hearing of five Dollars mentioned but it now Stricks me that the money was paid before and to go toward paying for sd Land Question by the same Was he not to get a man or men to View the land and meet you shortly afterwords at Jonathan Elswicks Ans Yes Question by the Same Did you not Receive a letter from me On the Day you was to meet the Other Valueors to my sad Lemontation that he had flew from his Contract Answ Yes Question by the Same What was the Value of that land shown to you by us. An. I suppose I had my mind made up at that time but at this time I Do not recollect it but I Do not think it Exceeded One Dollar pr acre Question by the same Do you not recollect of hear John Horton Say [papers incomplete] ___________________________________________________________________ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm This file was contributed for use in the USGenWeb Archives by: Renee L. Dauven promine@web-ster.com ___________________________________________________________________