From Yesterdays Tuckaways beginning Volume II, Issue 4, 1970.
Excerpts from Court Order Book 1819-1842
Hopkins County, Kentucky Clerk's Office
Copied by Marian G Hammers
March 6, 1822. Samuel Woodson appointed Commissioner of said Court in a
suit in Chancery instituted in said Court by James Silkwood, Obadiah
Silkwood, Barzillai Silkwood, Thomas Sillkwood, Hiram Silkwood, Sittwell
Silkwood, Charles Butler who intermarried with Rebecca Silkwood, now
deceased, James Butler, Mary Butler, Susanna Burtler, Cornelius H Butler,
Lucinda Butler and Joshua Butler; infant children of said Rebecca Butler,
deceased by Charles Butler, their guardian and next friend, were complainants
and Mary Silkwood, defendant, all heirs at law of Barzillai Silkwood,
deceased, of one part and Joseph Fuquay of the County of Hopkins, state of
Kentucky of the other part. Witnesseth, for and in consideration of the
sum of $672 by the said Fuquay to the said heirs, sell, convey to Fuquay a
tract of land in Hopkins County on the waters of Poages Creek containing
140 acres, being part of a 1000 acre survey made in the name of Thomas
Buckner and patented to Nathaniel Massie and Robert Pollard. [pg 2]
March 8, 1824. John Slaton, Charles Bradley and Edmund Slaton, Commissioners
appointed by the honorable Hopkins Circuit Court at the September term of
said Court in the year 1816 by a decree of said Court pronounced in a suit
in Chancery brought in said Court by Joseph Loving and Susanna his wife,
Henry Garrard and Polly his wife, John Goad and Rachel his wife, Jesse
Herring and Rebecca his wife and Samuel Bourland, adult children and heirs
at law of said William Bourland, deceased, complainants against Martha
Bourland, John Bourland, Beyless E Bourland infant children and heirs at
law of said William Bourland, deceased, defendants of one part and John
Carnahan of the County of Hopkins and state of Kentucky of the other part.
Witnesseth that for and in consideration of 300.60 1/2 cents by the said
Carnahan the heirs sell, convey to the said Carnahan, a tract of land
containing 200 acres on the waters of Flat Creek in Hopkins County, State
of Kentucky, it being a part of a 400 acre tract granted by the
Commonwealth of Kentucky to said William Bourland, deceased, by patent
bearing date 24th day of January 1816, bounded by line of land said
William Bourland sold to Benjamin Bourland and Slatons line, to William
Davis' corner. [pg 4]
June 17, 1824. Thomas Berry against William H Berry of the one part. The
Court does award to the said Thomas Berry, a citizen of Hopkins County
for $300 a parcel of land on the waters of Flat Creek. [pg 6]
June 10, 1825. Suit in Chancery in Hopkins County Circuit Court,
instituted by William Thomasson and James McGary and Patsey his wife,
formerly Patsey Thomasson, complainants against Richard Littlepage and
Nancy his wife, formerly Nancy Thomasson, Samuel Thomasson, Hardin H
Thomasson, Susannah Thomasson, Sarah Thomasson, Betsey Thomasson and
Dickson Thomasson, two infants under the age of 20 years by Samuel Woodson,
their guardian and next friend, defendants, all children and heirs of
Samuel D Thomasson, deceased, of one part and James McGary of the County
of Hopkins, State of Kentucky of the other part. For $418 by the said
James McGary, to the Commissioner for the use and benefit of the whole of
the heirs, 100 acres of land, bounded by lines of Samuel D Thomasson,
deceased, 200 acres survey, Caleb Halls' corner. [pg 7-8]
September term of Circuit Court, 1825. A suit in Chancery names heirs
of Samuel F Rinehart, deceased, William Ward and William Wilson, late
merchants and carpenters trading under the style and firm of Ward and
Wilson, complainants, against Samuel Dodds and Rachel his wife late
Rachel Rinehart, James Rinehart, Michael Rinehart, William Rinehart,
Zachariah Rinehart, Samuel Steele and Susan his wife late Susan Rinehart,
Lawrence Floyd and Nancy his wife, late Nancy Rinehart, Sally Rinehart,
Jesse Floyd and Harriett his wife late Harriett Rinehart, Daniel Rinehart,
Dennis Drissdell and Paulina his wife late Paulina Rinehart and Econa
Rinehart, heirs of said Samuel F Rinehart, deceased and Travers N Hill,
Admr. or said decedent, defendants. [pg 11-12]
October 15, 1825. Suit in Chancery in which heirs of James Hill,
deceased, with Thomas L Hill, Admr. are named as: Thomas L Hill, Allezera
Hill, James Givens and Jane Givens his wife late Jane Hill, Susannah Hill,
John B Hill, James (M?) Hill, Hugh B Hill, Elizabeth Hill, Robert B Hill
and Patsey Ann Hill. Frederick Miller was complainant. [pg 12-13]
March 1, 1827. Samuel Woodson, Commissioner in behalf of Vincent Howell,
Mary Howell, John Crow and __?__ Crow, his wife formerly __?__ Howell,
Mary Ann Hick formerly Howell, widow of Jilson Howell, deceased and Mason
Howell and Polly Howell, heirs of William Howell, deceased of one part
and James Howell of the other part. The defendants heirs of William
Howell are to convey by deed, two tracts of land containing 200 acres
each, the tracts "being in the now County of Hopkins" on the waters of
Elk Creek a branch of Pond River. The second tract was bounded by
Vincent Fugate's line. The first tract was a grant to Jilson Howell by
patent bearing date 8th day of January 1821. [pg 15-16]
August 20, 1828. Suit in Chancery in which the infant heirs of Samuel H
Earle, deceased, who were; Eleanora A Earle, Nancy H Earle, Salina E Earle
and Samuel H Earle, and the unknown heirs of Harry Toulmin, deceased, of
one part and Charles Hafford of the other part. The heirs are to convey
to said Charles Hafford by deed, 231 acres on the waters of Pond River in
Hopkins (formerly Christian) County, State of Kentucky, and bounded by
former lines of Samuel Smith and Alney McLeans corner and to Samuel Rogers
and David Clarks. [pg 17-18]
September term of Hopkins County Court 1829. A suit in Chancery with
William Long, complainant against Lewis R Richards, Fountain Richards,
Benjamin Richards, Hudson Martin and his wife Elizabeth formerly
Elizabeth Richards, heirs of Philemon Richards, deceased. John Settle,
William Settle, Richard Lee and Cecelia his wife, __?__ Stephens and
Hannah his wife and Stephen Timmons and Polly his wife heirs of Henry
Settle, deceased and the unknown heirs of Elijah Johnson, deceased,
defendants. The defendants are to convey to the complainant William
Long 200 acres in Hopkins County on Deer Creek, a branch of Green River.
[pg 19-20]
February 19, 1830. Suit in Chancery between Charles H Ashby, Frederick M
Ashby, Emily O Ashby, Mary A S Ashby, Sarah A A Ashby, Robert F Ashby,
William L Ashby, Benjamin (S?) Ashby, Dorothy B Ashby, America H Ashby
and Susan Cassander Ashby, children and heirs of Alexander Ashby,
deceased, of one part and Samuel Craig of the other part. The defendants
and heirs of Alexander Ashby, deceased, convey to said Craig 250 acres in
Hopkins County on East fork of Deer Creek, bounded by line of George
Ashby, assignee of William Berry. [pg 21-22]
September Term 1829. Suit in Chancery prosecuted in said Court in favour
of Willie Sugg, complainant against Robert Chesney and Frances Cavanah,
David H Thomasson and Mary his wife late Cavanah, Charles Cavanah, Joseph
Cavanah, William Cavanah, Aquilla Cavanah, Sarah Cavanah, Lucinda Cavanah,
John Cavanah, John Lisman and Martha his wife late Cavanah, Esmee Hancock
and Nancy his wife late Cavanah, heirs and representatives of David
Cavanah, deceased, Defendants. "It is ordered by the Court that the
Defendants convey by deed to the Complainant", 200 acres on waters of
Deer Creek in the County of HOpkins. [pg 23-24]
March Term 1830. A suit in Chancery presented in the said Court in the
name of Miles Baker, Complainant against William Grundy and others,
defendants in which cause the said Grundy filed a cross bill making
Thomas Christie, Charles Copeland, Henry Lee, Ludwell Lee, Richard Bland
Lee, John P Duvall and William P Duvall defendants. It is ordered that
those above convey to William Grundy by deed of release all the claim
right, title and interest that each defendant may have in the said 1400
acres of Military land lying in the Counties of Hopkins and Union, State
of Kentucky, on a branch of North fork of Tradewater patented to Thomas
Christie bearing date 22nd December 1795. [pg 25-26]
March Term 1830. Drucilla Key, guardian to the infant heirs of Jefferson
Key, deceased, executed bond and filed her petition for the sale of the
land of her said wards. And at a sale the highest bidder was Drucilla
Key for $50 the land on waters of Poplar Creek a branch of Deer Creek.
The heirs of Jefferson Key, deceased were listed as Mary J Key, Richard
J Key and Jefferson Ky. [pg 28-29]
March Term 1830. A suit in Chancery in Hopkins County Circuit Court
prosecuted by said Court by William Thomasson, Complainant against Henry
H McGary, Garret W McGary, Samuel D McGary, Sarah J McGary and Elizabeth
McGary infant heirs of James McGary, deceased and Joseph Robertson, Admr.
of said decedent. [pg 29-30]
June Term 1832. In a Court held in Hopkins County Circuit Court a suit
in Chancery by John Steele, Admr. of John Steele, deceased was Complainant
against Elizabeth H Vance, Moses Steele, William A Steele an infant under
the age of 21 years, Mariah Lewis Rogers also an infant (daughter of a
deceased sister) heirs of Neil McLane, deceased and Thomas Brnett, were
defendants. The Court decrees that the Defendants Barnett and the heirs
of Edward H Steele (the said heirs out of the estate descended to them
from Edward H Steele) pay to the Complainant $6000. It was mentioned
several tracts of land be sold to satisfy the decree. The location of
the several tracts of land are as follows, all acreage in Kentucky:
(1) 200 acres, part of 1100 acres in Livingston County on the Ohio River.
(2) 200 acres, part of 1600 acres in Caldwell County on the Cumberland
River known as Eglestones Military.
(3) 150 acres, part of 1000 acres in Hopkins County on Drakes Creek.
(4) 2000 acres in Boone County on Big Bone.
(5) 500 acres, part of 1000 acres in Livingston County adjoining Thomas
Edmundson on the West and John Bibles on the South.
(6) 100 acres, part of 400 acres in Hopkins County on Caney fork of
Tradewater.
(7) 1800 acres in Jefferson County on Floyd's Creek entered, surveyed
and patented in name of Francis Smith.
[pg 45-47]
The Tuckaways
Volume III, Issue 1
September Term 1833. A suit in Chancery in which Samuel Woodson was
complainant against Richard Fletcher, Patterson Fletcher, Thomas H Fletcher,
Elliott Fletcher, Jouitt F Fletcher, James Hackley and Susan his wife
formerly Susan Fletcher, Joseph W Fletcher, Henry Fletcher and Margaret
Fletcher legal heirs of Thomas C Fletcher, deceased and Susan M Fletcher,
widow of said decedent were defendants. Land to be sold to the highest
bidder at the Courthouse door belonged to said Fletchers to satisfy a
decree by said Court in favor of Samuel Woodson. Landy lying in Hopkins
County on waters of Clear Creek containing 150 acres being part of a
military survey for John B Johnson and patented to William Fountaine.
Record was written August 11, 1834 and also recorded this date.
[Pages 60-62]
March Term 1834. Suit in Chancery prosecuted by Champion Cox, complainant
against Polly Cox, widow of Wyatt Cox, deceased and Wiley Cox, Nancy Cox,
Samuel Cox, Champion Cox, Jack C Cox, Elizabeth Cox, Temperance Cox, Polly
Ann Cox and Wyatt Cox, children and heirs of said decedent, were
defendants. The Court ordered that Polly Cox, widow of Wyatt Cox, deceased,
convey to the complainant 150 1/4 acres which was on the waters of Weir's
Creek. The widow also relinquishes her dower right to said land.
[Pages 62-63]
June Term 1834. In a suit in Chancery in Hopkins County Circuit Court in
favor of John McCulley, complainant, the heirs of John Bailey, deceased,
were defendants and were given as follows: Martha Bailey, widow of said
decedant, Barnaba Bailey, James D Bailey, Lewis W Bailey, Thena Ann Bailey,
Emily Jane Bailey, Matilda T Bailey, William D Bailey, Sally C Bailey and
John Bailey. Recorded August 21, 1835. [Pages 69-70]
March Term 1835. In a suit in Chancery by Henry Bishop, complainant
against Miles Holloman and Amanda his wife, James D Headley, Elias N
Headley, John W Headley, Abraham H Headley, Isaac O Headley, Mariam M
Headley, Mary Ann S Headley and Martha A Headley, legal heirs of James T
Headley, deceased and Maryam Headley, the widow of said decedant, were
defendants. Land of 91 acres on Clear Creek in Hopkins County was sold
to satisfy a decree in favor of said Henry Bishop. Recorded August 1835.
[Pages 71-72]
August Term of Hopkins County Circuit Court 1837. In a suit in Chancery
in favor of William Coffield (alias Ford) and Richard M Warmick (alias
Ford), children and devisees of William M Ford, deceased were complainants
against Charles H Webb, Executor of Philip Ford, deceased and Francis
Ford child and devisee of said decedant. The Court decrees that Francis
Ford, devisee of Philip Ford, deceased, convey to the complainants the
land and ferry and ferry priviledges, an undivided morety of a tract of
land in Livingston County on the Ohio River, in the State of Kentucky,
and known as Ford's Ferry tract containing 400 acres and an equal
undivided moiety (?) of the ferry and ferry priviledges attached to said
tract of land. Recorded March 6, 1838. [Pages 72-74]
June Term 1838. In a suit in Chancery in Hopkins County Circuit Court a
decree was issued in favor of the complainant James Bishop against James
Adams, John Adams, George Adams, Samuel Adams, Martha Adams, Mary Adams,
Alzada Adams, ? Graham and Colinda M his wife late Colinda M Adams,
children and heirs at law of Mary Adams, deceased and Thomas N Gist were
defendants. Recorded March 7, 1839. [Pages 74-76]
March Term 1839, Hopkins County Circuit Court. In a suit in Chancery
pending in said Court in favor of Richard B Savage complainant against
Samuel Montgomery and Rebecca his wife (late Givens), John T Givens and
Isabellaa his wife (late Givens), Nathaniel Givens and Jane his wife
(late Givens), Lorenzo D Orr and Ensebia his wife (laate Givens), Thomas
Givens, Eleazar Givens, Louisa Laird (late Givens), James R Stephenson
and Sarah his wife (late Givens), Andrew Leeper and Elizabeth his wife
(late Givens), Henry Carter and Mary his wife (late Givens), Hannah A
Givens, Harriet N Givens, Virginia E Givens, Frances A S Givens, Helen
Mar Givens, Joseph R Givens, Dickson Givens and Martha Givens, widow of
John Givens, deceased, children of Eleazar Givens, deceased and Mary E
Sisk, widow of said decedent E Givens and Thomas Givens and Eleazar Givens,
sons of ___ Givens, deceased, who was the daughter of said decedant E
Givens all of whom are heirs of said decedant Eleazar Givens, defendants
pronounced a decree in substance as followth "This day this cause came to
be heard" and the defendants Samuel Montgomery and Rebecca his wife, John
T Givens and Isabella his wife, Nathaniel Givens and Jane his wife,
Lorenzo D Orr and Eusebia his wife, Thomas Givens, Eleazar Givens, Louisa
Laird, James R Stephenson and Sarah his wife, Andrew Leeper and Elizabeth
his wife, Henry Carter and Mary his wife, Mary E Sisk, Hannah A Givens,
Harriet N Givens and Martha Givens having failed to make their appearance
herein Samuel Woodson, Guardian for Virginia E Givens, Frances A S Givens,
Helen Mar Givens, Joseph R Givens, Dickson Givens, Eleazar Givens and
Thomas Givens infants under 21 years of age. Land of 158 acres on
Tradewater River was sold to satisfy decree. [Pages 79-82]
March Term 1839 Hopkins County Circuit Court. In a suit in Chancery in
favor of Morgan Holeman complainant against Gabriel J Green, Presley
Pritchett and Sally Pritchett his wife (late Sally Green), William Green,
James Green, Cassandra Green and John Green, heirs of Richard N Green,
deceased, were defendants. Samuel Woodson was Guardian for William Green,
James Green, Cassandra Green and John Green infants under the age of 21
years. Land conveyed to the complainant Holeman was 100 acres on Deer
Creek in Hopkins County (formerly Henderson) a survey date of 24th day of
the 8th month in the year 1804. [pages 81-82]
March Term 1839 Hopkins County Circuit court. In a suit in Chancery in
favor of William Head and Daniel Head against James Chappell, Thomas
Chappell, Caleb Chappell, William Franklin and Nancy his wife (late
Chappell), Mary Chappell, Gaines T Chappell, Asel W Chappell and Martha
E Chappell, heirs of Jeremiah Chappell, deceased, the defendants. Land
awarded to the complainants was 50 acres on Pond Creek, a fork of Clear
Creek, in Hopkins County. [Pages 84-86]
March Term 1840 Hopkins County Circuit Court. In a suit in Chancery in
favor of George Hill, Robert Hill and Isaac Hill, complainants against
Thomas Hill, Charles McCormick and Anna his wife (late Anna Hll), Elisha
Hill, Harry Hill, James Hill, Larkin Hill and Nathaniel Hill, defendants
(all of whom both complainants and defendants are the children and heirs
of JOhn Hill, deceased). A decree by the Court awarded the complainants
and land was to be sold to the highest bidder and Larkin Hill being the
highest bidder purchased for $120.00 and John L Peyton his security to
pay in 12 months after this date. Land was 50 acres in Hopkins County on
waters of Rose Creek. [Pages 91-92]
September Term 1840 Hopkins County Circuit Court. In a suit in Chancery
between Presley Ashby complainant and Daniel S Ashby, John Threlkell and
Patsey his wife and Mary E Ashby, Huldah Ashby, Rice M Ashby, Hester Ann
Ashby (the last four of whom are children and heirs of Willis Ashby,
deceased) and Vincent Howell, defendants. Land involved was 200 acres on
East fork of Deer Creek in Hopkins County (formerly Henderson). Recorded
January 20, 1841. [Pages 93-94]
June Term 1840 Hopkins County Circuit Court. Petition in Chancery of the
heirs of Abraham Jagoe, deceased. This day Susan Jagoe, widow and relict
of Abraham Jagoe, deceased, Samuel Drake and Susannah his wife (late
Jagoe), Abraham Jagoe, Polly Jagoe, Benjamin Jagoe, William Jagoe and
Jacob Jagoe all of whom are over twenty one years of age, children and
heirs of said Abraham Jagoe, deceased and John Gray, Susannah Gray, Jacob
Gray, Elizabeth Gray, David Gray, Eliza Jane Gray and Eney Gray children
and heirs of Nancy Gray, deceased, formerly Jagoe, wife of Jesse Gray,
heirs of the said decedent Abraham Jagoe, infants under the age of twenty
one years, by Jesse Gray, their guardian and next friend, by their
attorney, produced in Court and filed their pepition in Chancery stating
that said decedent Abraham Jagoe was the owner of 200 acres of land in
Hopkins County on the waters of Pond River, entered, surveyed and patented
to R T Baylor who conveyed the same to Amuel Gish and Gish to said decedent
Abraham Jagoe, that said land has descended to said petitioners as the
heirs of said decedent and praying for the sale of said land. Land was
sold at public auction at Courhouse door in Madisonville, Ky to Benjamin
Jagoe who was "the best bidder" with Sanders Eaves as his security. One
third of money to go to Susannah Jagoe, the widow of Abraham Jagoe and the
balance to the other heirs of Abraham Jagoe and the part for the Gray heirs
to be paid to Jesse Gray, their Guardian. Recorded October 12, 1840.
[Pages 96-98]
March Term 1841 Hopkins County Circuit Court. A suit in Chancery pending
in favor of Daniel C Cargile, complainant against Elizabeth Robertson,
widow of Joseph Robertson, deceased and William M Robertson, Albert G
Robertson, Isaac Gray and Catherine his wife, Lewis J Robertson, Mary A
Robertson, Nancy Robertson, Thornton A Robertson and Henry C Robertson,
children and heirs of said decedent and Isaac Gray, Administrator of said
decedent, were defendants and were ordered to convey to complainant Daniel
C Cargile, one undivided moiety of 200 acres of land surveyed by Wright W
Willis and wife to the decedent Joseph Robertson and the said complainant
on the 2nd day of March 1838, the land in Hopkins County on Slovers Creek,
a branch of Tradewater. Recorded June 9, 1841. [Pages 111-112]
September Term 1840 Hopkins County Circuit Court. A suit in Chancery
between Amos Lacy complainant, in his favor, and Baylis E Oates, Charles
E Oates, Geraldine Randolph, Ashford Randolph, Lewis F Oates, William W
Oates, Martha A Coleman, John M Coleman, Jesse R Oates and James W Oates,
children and heirs of William Oates, deceased and Elizabeth W Oates, widow
were defendants. Land involved and conveyed to the complainant by the
defendants was 60 acres in Hopkins County on Pond River. Boundary line
began at a corner of Thomas Hanks, deceased 400 acre survey, the flats of
Pond River and John Henry's line. Recorded lst day of June 1841.
[pages 116-118]
March Term 1841 Hopkins County Circuit Court. A suit in Chancery between
James Henry Complainant and Bazaleel W Echolds (also spelled Eckhols in
this record), Elkanah H Eckolds, Daniel A Brooks and Hannah W Brooks (late
Eckhols) children and heirs of Susannah Eckhols, deceased who was the
sister of Constantine Wier, deceased, Amelia Wier, widow of William R Wier,
and Judith Wier (daughter of said William R Wier, deceased) who was the
brother of said decedant, Constantine Wier, Bazaleel C Wier, Pennelia Wier,
Susannah Wier, Harriot Wier, Elizabeth Wier, Abraham L Wier and Amanda
Wier children and heirs of Garner Wier, deceased, who was the brother of
the said Constantine, Judith Willis (late Wier) sister of said Constantine,
Samuel Ball and Elizabeth his wife (late Wier) sister of Constantine,
William W Langley, John H Langley, Walter C Langley and Hannah E Langley,
children and heirs of Hannah E Langley, deceased, who was the sister of
Constantine and Absalom Wier brother of said Constantine all of whom are
the heirs at law of said Constantine, deceased, who are the defendants. The
defendants, by a decree of the Court, conveyed to the complainant 179
acres on Wiers Creek in Hopkins County. Recorded March Term 1842.
[Pages 121-122]
February 22, 1842 Hopkins County Circuit Court. A suit in Chancery between
Elijah May, complainant and John Cuncan, Howell L L Duncan, Enoch Huff and
Nancy his wife, Levi Cale and Sally his wife and Rachel a free woman of
color, surviving heirs and devisees of John Peyton, deceased were
defendants. The defendants to convey to the complainant a 100 acre tract
and a 250 acre tract, and also to pay the complainant $111.90 being 6/10
of the amounts paid in taxes and the trouble and expense of redeeming the
land. The two tracts were part of a 1000 acre tract to said decedant John
Peyton granted to him as a military survey by the Commonwealth of Virginia
by patent date 26th of May 1792 and on Tradewater in Hopkins County and
bounded by the John Spottswood 1000 acre survey. [Pages 122-124]
/td>
| cq |