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| Sally Brown v. John Bodle |
Submitted by Rita Sampson
Rockcastle Circuit Court
Petition in Equity
Sally Brown and her husband James Brown, Elizabeth Watson, and James M. Thompson,
Pltffs against John Bodle, Jane Cummins and her husband Stephen Cummins, Margaret
Snodgrass, Elizabeth Wallen, Surrilda Reynolds and her husband Moses Reynolds, Nancy
Proctor and her husband Johnson Proctor, and the unknown children and heirs of Zelphia
Colyer, Defdts
The plaintiffs state that James Bodle departed this life on or about the 3rd day pf
August 1866 (may be 1865), intestate, domiciled at the date of his death in the county
of Rockcastle, state of Kentucky.
At the time of his death, James Bodle was the owner, had legal title to, and was
_____ and had possession of a tract of land lying and being in the county and state
aforesaid on Sinking Valley waters and worth about ____ thousand dollars and which tract
of land is bounded as follow. Beginning at two white oaks and dogwood ____ corner of
Bell and ____ of Edmund Sowder deceased, then S48Eat 266 ½ poles passing the
beginning corner of Sowder in all 324 poles to a state where three hickories are called
___ with ___, then S49W99 poles to a stake last corner of John Evans to G.W. Evans at or
near the South end of a lane, then S45 ¾ W156 poles to a fallen black oak
Evan’s corner at the north end of the lane, then his line S43 ½ W58 poles to
two black oaks also corner to John McCulloughs tract, therewith two lines of his S73
½ poles W74 ½ poles to a white oak and fallen black oak thence N28 ½ W109
½ poles to a stone pile at the intersection pf McCullough with Bell’s second
line, thence with Bell’s line N74 ½ poles to the beginning , containing by
survey two hundred and ninety seven acres. They file the survey ___ herewith marked (A)
and make it a part of their petition and refer to it for proof of the boundary of said
tract of land.
The plaintiffs charge and avow that upon the death of James Bodle that the
aforesaid tract of land descended in parcurary to his children if then living, but if
any were dead, then their interest descended to the children of such as died before said
James Bodle.
The following, five in all, were the children of the said James Bodle viz the
female plaintiff Sally Brown, late Bodle, who intermarried with her coplaintiff James
Brown, Elizabeth Watson, late Bodle, who intermarried with John Watson, her said husband
now being dead. The defendants John Bodle, Jane Cummins, late Bodle, who intermarried
with the codefendant Stephen Cummins and Margy Thompson, late Bodle, who intermarried
with Squire Thompson and that the said Margy Thompson and her husband have both departed
this life and they left the following children heirs at law of their mother Margy
Thompson decd viz Margaret Snodgrass (late Thompson) who intermarried with Robert
Snodgrass, her husband is now decd, Elizabeth Wallen, Surrilda Reynolds (late Surrilda
Thompson) who intermarried with her codefendatnt Moses Reynolds, Nancy Proctor (late
Nancy Thompson) who intermarried with her codefendant Johnson Proctor and Zelphia Colyer
(late Zelphia Thompson) who intermarried with John Colyer and the said Zelphia and her
husband are both dead, leaving children who live someplace in the western country and
whose names, ages, and residence are unknown to the plaintiff the foregoing are all and
the only heirs of James Bodle, decd known to the plaintiffs except the plaintiff James
M. Thompson who is also a child and one of the heirs of Margy Thompson decd.
The plaintiffs state charge and avow that the defendant John Bodle has had the
possession of the aforesaid tract of land and has used occupied and cultivated same ever
since the death of their ancestor James Bodle, that he has not accounted to them or to
the codefendants for the rent of said land and that during the time that he has so used
and occupied said land the rents have been reasonably worth one hundred and fifty
dollars per year that the said John Bodle is justly indebted to the plaintiff and his
codefendants for four fifths of the annual rent of said tract of land from the 1st day
of January 1867 until the present time and he refuses to account or pay the same.
The plaintiffs state that the claimants and joint owners of the said tract of land
are numerous and their interest are varied and it would be unprofitable to divide the
___ so as to do equal justice and equity to all the parties and a sale of said tract of
land would ____ to the interest of all the parties involved.
The plaintiffs state that Surrilda Reynolds and her husband Moses Reynolds, Nancy
Proctor and her husband Johnson Proctor and the unknown heirs of Zelphia Colyer are
nonresidents of the state of Kentucky wherefore they ask for a warning order against
them warning them to appear and defend the action and that an attorney be appointed to
defend for them. They may pray for the judgment for the sale of the tract of land herein
described and an equitable distribution of the proceeds of the sale between the rightful
heirs of James Bodle Decd and they pray that the defendant John Bodle be adjudged to
account and pay to his coheirs a reasonable rent for the use and occupation of said
tract of land from the 1st day of January 1867 until he surrenders the possession of the
same and that the ___ as recovered from John Bodle be equitable distributed to the
rightful claimants and on final hearing they pray for all appropriate relief and that
equity be done.
Kirtly and Byron for the pltffs State of Kentucky Rockcastle County ___
The plaintiffs Sally Brown, James Brown, Elizabeth Watson, and James M. Thompson
say that they believe the statements in the foregoing petition are true.
Signed Sally Brown, James Brown, Elizabeth Watson, James M. Thompson
Subscribed and sworn before me by the plaintiffs Sally Brown, James Brown,
Elizabeth Watson, and James M. Thompson this the 27 day of December 1875.
Jasper N. Brown J.P.R.C.
A warning order was dated the 1st day of January 1876. An attorney, J.G. Carter, was
appointed for Surrilda and Moses Reynolds, Nancy and Johnson Proctor, and the
unknown heirs of Zelphia Colyer, nonresidential defendants, January 18, 1876.
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