Continuation of Cases Heard By
the Kentucky Court of Appeals
1792 & Later
Abstracted by Bill Utterback
These are abstracts of appellate cases which were heard by
the Kentucky Court of Appeals, which was created when Kentucky was granted
statehood in in 1792. Appellate cases can often provide genealogical information,
even if the only such information is the location of the parties involved
and when they were there. Many of the cases in the early appeals time frame
are associated with land disputes. Primarily, the issue involved warrants
for surveys on land that was already claimed by preemption. The cases were
brought to prevent another individual from settling on land through treasury
or military warrants which had been settled earlier by what was commonly
known as "squatting".
The abstracts present the essential information in these appellate
cases, as found in the Opinion of the Kentucky Court of Appeals. The case
files
themselves, which would contain the actual depositions, petition and answer(s),
and other materials are no longer extant for Kentucky appellate records until
1863, due to a fire. Copies of the full opinion (to be scanned and sent via
e-mail attachment) in any case can be requested from me at billco@ARN.NET .
Users should be aware that given names are not always shown in the case
opinions. In some cases, only the surnames are shown, especially for neighbors
and others who may be corollary parties to the case. In addition, in the
early Appellate Court decisions, the county in KY is not always given. In
the "Other Names" field, be aware that these names, unless identified
as a neighbor, witness, or other particular individual, may have no relationship
to the plaintiff or defendant in the case, and that there is no other information
in the opinion to identify these people more specifically. Plat maps of some
of these land surveys are included in the opinions. These have been noted
in the abstracts by: [plat map]. Additionally, it should be remember that
these cases represent only those which were appealed - there were undoubtedly
many dozens of others which were filed, and decided, at the lower court level,
but which the losing party did not appeal.
This is a part of a continuing project by this contributor to abstract cases
heard before the Kentucky Court of Appeals, which came into existence in
1792.
The information contained in these abstracts is public domain material.
The format and arrangement is © 2006-2007.
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Abbreviations:
(W) = Witness
(N) = Neighbor
(TW) = Treasury Warrant
(MW) = Military Warrant
(PE) = Preemption Claim
NG = Not Given
OGI = Other Genealogical Information
HAL = Heir-at-Law
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COUNTY: Not given
CASE: Jacob Myers v. James Speed
DATE: Oct Term 1795
CASE TYPE: Land
ON: Anthony Bledsoe(N); James Speed, assignee of Anthony Bledsoe, 1000 acres,
PEW 1002; John Wilson(N); Andrew Cowan(N)
OGI: Edward Davis PE 1777, improved 1776, 1000 acres; J.Myers, assignee of
Edward Davis; Azel Davis(N); David Findley(N). Edward Davis not in KY before
1777. Plat Map
CITATION: 1 Hughes 182
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COUNTY: Jefferson
CASE: Philip Cleland v. James Thorp
CASE TYPE: Land
ON: Othey Thorp(N); Matthew Patton(N); Cuthbert Bullett(N); Wm. Thorp(N);
Wm Irvan Jr.(N); Isham Prewett(N); Matthew Walton(N); Caleb Wallace(N)[assignee
of Matthew Walton]; James Newell (N), assignee of James Clack.
OGI: James Thorp, 1780 acres 1783; TW # 14037; P.Cleland 1000 acres, TW 3954.
Plat map
CITATION 1 Hughes 192
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COUNTY: Scott
CASE: J & D Bradford vs. Abraham McClelland, et al.
DATE: May Term 1799
CASE TYPE: Land
ON: John Floys, assignee of Abraham McClelland, PEW 1409; William Hogan by
James Hogan Jr; James Hogan Sr.(N); James Forbes(N); John Dobbins(N); Daniel
Boone(W); John & DanielBradford, assignees of Wm Hogan 1000 acres PE
OGI: Abraham McClelland, HAL of John McClelland, 1400 acres in 1780 PE(entered
in 1776 by John McClelland.
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COUNTY: Fayette(Lexington District Court)
CASE: Christoper Greenup v. John Coburn
DATE: October Term 1799
CASE TYPE: Land
ON: James Major, 1780, 400 acres TW; John Floyd(N); James Parberry, assignee
of Major; Benjamin Netherland, assignee of Parberry; John Maxwell(N); Col.
Shelby(N); William Pendleton; General Robert Todd(W); James Greer(N) 1776;
John Todd(N); John Bradford(N); William Pendleton(N); Francis McConnell,
1780 PE; William McConnell(N); John Floyd, assignee of Chas Cummins; David
Perry(N); Robert Patterson(N), who was assignee of James Courter, assignee
of James Buford.
OGI: None. Plat map
CITATION: 1 Hughes 200
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COUNTY: Not shown
CASE: Thomas Whittledge v. James Kenney, HAL of Joseph Kenney
DATE: October Term 1799
CASE TYPE: Land
ON: Jos Kenney, 1770, improved in 1776; Wm McGee(N), PE 1400 acres; Jos Kenney
died after making entry; Thomas Whittledge 1779 PE; Robert Whitledge(N);
----- Grotz(N); Col. John Edwards(N)
OGI: None. Plat Map
CITATION: 1 Hughes 21
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COUNTY: Not given
CASE: Alexander McConnell v. Simon Kenton
DATE: October Term 1799
CASE Type: Land
ON: Col. Preston(N); John Maxwell(N); ------ Douglas(N); James Keene(N) and
grantee from Alexander McConnell; Joseph Frazier(grantee from Keene); Mary
Frazier(N).
OGI: Simon Kenton PE Dec 1779 1400 acres; Alexander McConnell. HAL to Francis
McConnell; Simon Kenton was first known in KY by the name “Butler”.
Plat Map
CITATION: 1 Hughes 257 [very long case]
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COUNTY: NG (Paris District Court)
CASE: Thomas McClanahan v. Francis Berry
DATE: October Term 1799
CASE TYPE: Land
ON: Francis Berry Jan 1780 PE 400 acres; John Hoggan(agent for Berry) PEW
# 2438; Daniel Wilcoxsin(N), assignee to Thomas McClanahan; James Logan,
agent for Berry; Thomas McClanahan TW # 7725 & 7731; Thomas Whittledge(N);
Peter Moore(W); Samuel Bryan, assignee for Haggin; Thomas Jones (W); Thomas
McClanahan Jr.(N); John Verdeman(N); Jezerell Ellis(W) John Craig; John Keller(N);
Benjamin Cooper(W); Richard Davis (W); Edward Bradley(W); Thomas Strother(N);
---- McGee(N); ------ Grotz (N)
OGI: Francis Berry taken prisoner by British and the Indians at Martin’s
Station on 26 June 1780. Detained in captivity until sometime in the year
1784. Berry settled in March 1779. Plat Map
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Cases
heard by the Kentucky Court of Appeals (1792 & Later)
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Cases Heard by the Virginia
Supreme Court for the District of Kentucky
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