Fleming County Circuit Court Case 5229
Benjamin REEVES
vs.
Milly, Mary, James H., Antimercy, Levi E.,
Elizabeth, Sarah, Melinda, and Cynthia PENLAND
and James TINSLEY
June 1834
Artitel[sic] of an agreement
Made and Entered into between
James TINSLEY of the one part and William PENLAM[sic]
of the other part both of the County of Fleming and
State of Kentucky Witnesseth that the said PENLAM hath
this day bound himself to [release?] the sd TINSLEY and
pay for him one hundred and six dollar to the Bank of the
Commonwealth at Flemingsburgh agreeable to the Call of
the bank from this date also to pay one Hundred and
fifteen dollars in specie or two Hundred and
thirty dollars in Commonwealth paper to Noble L.
FICKLIN due in October 1824 and to pay the Sd TINSLEY
one Hundred Bushels good Corn to be deliverd at the
farm where the said TINSLEY not lives on before the
first of December 1824 and the Sd TINSLEY hath on his
part bound himself to made the Sd PENLAM a good suffient
[sic] and Clear title to the tract or parcle[sic] of land
on which he lives with all and every apertnust[sic]there
to belonging and to give peacable porsetion
[possession?] on the 10th day of march Next and it is to
be understood by the parties that the title is to
made Clear of incumbrance and the above obligation
Complied with and then this article to Remain in full
force or Else to be void in witness we hereunto set our
hand and seal this 4th day of July 1823
Test
Peyton R. GRIMSLEY James TINSLEY (S)
Judith G. GRIMSLEY William PENLAND (S)
[On the back of the agreement]:
It is agreed by the Complt REEVES & the Defts Mr. PENLANDs
heirs that Mrs. PENLAND took upon herself the payment
of the bank debt described in this agreement which was
$116 in comm paper due 4th July 1823 & that she has since
paid the same in full.
Jas CRAWFORD for Dfts.
Wm P FLEMING atto for Compt
- - - - -
This Indenture made this second day of October in the
of[sic] our Lord one thousand eight hundred and
twenty four Between James TINSLEY and Susannah his
wife of the one Part and William PENLAND of the other
part all of Fleming County and State of Kentucky
Witnesseth that the said James TINSLEY and Susanah his
wife for and in consideration of the Sum of four hundred
and thirty Six dollars to them in hand paid the
Receipt whereof is hereby acknowledged hath granted
bargained and sold Alienated conveed[sic] conveyed[sic]
and confirmed and by these foresaid do Grant
Bargain Sell Alien [Enfeaff] Convey and confirm unto the said William PENLAND his heirs and assigns a certain tract of parcel of
land Situate in the County of Fleming on the waters of
Rocklick containing one hundred and eight acres and Bounded
as follows to wit Begining at the ford of Rocklick at
a Buck Eye and Hickory thence to Benjamin [S. or Sr.]
REEVESs line to a Black Gum thence with said line to
the corner thence with TINSLEYs old line to
MASSEBEYs thence with MESSEBEYs to a white oak and beech
thence with the line of Ann CULL thence with Thomas
ISHMEALs line to the Beginning Being a part of MOSSEBYs
claim of thirty thousand acres together with and singular
the appurtenances thereunto belonging or in any wise
appertaining to Have and to hold the aforesaid land
and premises with the appurtenances to the said
William PENLAND his heirs and assigns to and for their
only Proper use and Behalf for ever and the said
James TINSLEY and Susanah his wife their Heirs
and Executors and the aforesaid Described tract or
parcel of land and premises with the with the[sic]
appurtenances to the said William PENLAND his heirs and
assigns Shall and do by these presents warrant and
forever Defend against the claim or claims of all
their Heirs etc and against the claim of Claims of all
and every person whatever claiming the same by
through or under the aforesaid Claim or title of Said
MOSSEBY But against no others adverse claim or title
whatever the Said PENLAND taking the aforesaid MOSSEBYs
claim or title at his Risque without Recourse or Damage
against the said James TINSLEY and Susanah his wife
In Witness whereof the Said James TINSLEY and Susanah
his wife has set their hands and seals the Day and Date above written
Signed sealed acknowledged
and Delivered In presence of
Benjamin REEVES James TINSLEY (SEAL)
Evan EVANS her
Susaner X TINSLEY (SEAL)
mark
State of Kentucky Fleming County Sct
I Joshua STOCKTON Clerk of the court for the county
aforesaid certify that this deed from James TINSLEY &
Susannah his wife to William PENLAND was on the 6th
day of October 1824 produced before me and
acknowledged by the said Susannah wife of said James
TINSLEY to be her deed & that she freely voluntarily &
without the threats or persuasions of her said husband
relinquished her right of dower to the land described in
said deed. And on the 2nd day of May 1825 it was
proven by the act of Evan EVANS a subscribing witness
thereto to be the act & deed of the said TINSLEY &
on the 1st August following it was fully proven by the
oath of Benjamin REEVES the other witness thereto to be
the act & deed of the said TINSLEY & the same is duly
recorded
Joshua STOCKTON Clk
(mjn note: from the appearance of James TINSLEY's
signature it appears that he wrote the name of his
wife as well. she did sign her mark but the writing
of her name is not in the same script as the deed itself)
- - - - -
The following was filed 24 Aug 1830
To the Honorable the Judge of the Fleming Circuit
Court in Chancery Setting Honorably Complaining your
orator Benjamin REEVES respectfully sheweth
That on the _____ day of ___ in the year 182_
himself and one Thomas HAMLETT became the security to
one James TINSLEY for sum where about $100 divided into
two promissory notes, payable to one Noble L
FICKLIN That said TINSLEY in order to secure your
orator as well [--] that case as in a debt he was
security for to the Bank of the Commonwealth Executed to
him a deed of Trust on a tract of land upon which he
then resided in the County of Fleming situate upon
the waters Forces Creek containing ___ acres. That
some time thereafter the said TINSLEY to meet the
payments of said debts viz on the 4th July 1823 sold said
tract of land to one William PENLAND, whereby the said
PENLAND agreed to pay said Bank debts and debts to
Noble L. FICKLIN which your orator was security for as
afd. and held a deed of Trust upon to secure him but
for the greater certainty he refers to a copy of
said agreet. (the original being filed with James
MARKWELL Esq and not within his control) and makes
same part of this Bill. That shortly after the
purchase by said PENLAND and before said deed of Trust
had been recorded The said PENLAND applied to your orator
for the loan of said deed of Trust or Mortgage to enable
him to obtain the Boundaries of said tract to enable
him to get a deed wrote, which he did and which was
Executed by said Jas. TINSLEY an attested copy of which
will in due time be filed, your orator had great
confidence in Said PENLAND & he now hath no reason to
change it for in a few days he was taken sick and died,
leaving his wife Milly PENLAND who hath taken
out letters of administration and the following children
viz Mary, James H., Antimercy, Levi E., Elizabeth, Sarah,
Melinda, and Cynthia PENLAND, his heirs at Law. All
of whom are made defts, to this Bill that said defts
went on to pay a small part of said demand to Noble L.
FICKLIN leaving your Orator to be warranted and he paid
on the ___ day of 182_ about the sum of $55 which will more
fully appear by reference to the [test.-testimony?] of
Dan. FICKLIN a constable of said county who collected the
said demand of Noble L. FICKLIN, your orator charges
that said James TINSLEY (whom is also made deft hereto)
was at the time of the before described payt. and ever
since insolvent, That shortly after the death of Wm.
PENLAND his widow of Heirs who had possession of said
deed of Trust or Mortgage destroyed the said refusing to
yield it up to him leaving him without remedy at
Law. To the end therefore [several words illegible] defts
he compelled to answer this Bill as fully and completely
as if here again repeated by way of interrogatories
and the premesis considered may it please your Honor to
decree that the deft the adms. of Wm. PENLAND decd. Pay
the afsd sum of money with Interest & costs or such
sum as he shall [their?] himself entitled to recover and
if default of her pays. that said tract of Land be
decreed to be sold in Satisfaction of said decree or so
much thereof as May be necessary and in case It shall
not be able to [Shew?] a right to have the decree against
tract of land or the represcular acres of said Wm
PENLAND decd. then to decree the deft. TINSLEY to pay the
Same and to grant him such other and further relief as
his case may require & he as in duly bound will pray
&c
- - - - -
Ben REEVES vs. PENLANDs heirs In Chancery
The answer of Antimercy PENLAND, Levi PENLAND, Elizabeth
PENLAND, Sarah PENLAND, Malinda PENLAND and Cynthia
PENLAND infant heirs of Wm PENLAND decd by James CRAWFORD
their guardian ad liteum in the above described suit
in the Fleming Circuit cout. These defendants saving
&c for [answer?] to the Complts bill say they are infants
of tender years & know nothing of the facts charged in
the Complt bill except from the information of their
mother & their older brother & sister to whose answer
filed herein they refer for a correct relation of the
facts They pray that the court will protect their right
require[sic] proof of the Complts bill & to be hence
dismissed with their costs Jas. CRAWFORD
Fleming Circuit Sct.
The within Answer was sworn to in open court
by Jas. CRAWFORD 13 Sept 1831.
- - - - -
The answer of Milly PENLAND widow & administratix
of William PENLAND decd & James H. PENLAND & Mary M.
PENLAND two of the heirs of said Wm. PENLAND
decd to a bill in chancery exhibited them & others in the
Fleming Circuit Court by Benjamin REEVES
These Respondents saving and reserving to themselves the be
nefit of every exception to the errors & set forth in said
bill for answer to so much thereof as they are advised is
material for them to answer unto, answer and say-
That they have no personal knowledge of the debts or
responsibilities for which the Complainant alledges
he was bound as security for their CoDefendant TINSLEY
nor do they know much of the matters in relation to the
purchase of the tracts of land by their intestate William
PENLAND [sic] of said James TINSLEY except from
information [sic] the contract being made by said
William PENLAND in his lifetime they have however
respected the agreement entered into at the purchase by
said TINSLEY & their intestate [sic] refered to in
complainants bill & believe and charge that so far as
the said writing goes it explains fully the contract
between Sd PENLAND and TINSLEY except that in describing
the debt which PENLAND was to pay of $115 it should have
been described as a debt due to Noble L. FICKLIN but
assigned by said Noble L. to William FICKLIN a
circumstance not mentioned in the agreement They
admit the by said agreement said Wm PENLAND was to pay
the bank debt refered to in the bill & that he was to
pay the debt to FICKLIN $115 in specie or $230 in
Commonwealth paper & they charge that the obligation to
FICKLIN alluded to in said agreement, was a replevin[sic]
bond which had been given by said TINSLEY with P R. GRIMSLEY Thos HAMLET Benj REEVES (the complainant[sic]) his securities
to N L FICKLIN upon a Judgement obtained in Fleming
Circuit court by Wm FICKLIN assignee of said Noble L
FICKLIN & which bond according to the description in the
contract fell due in October 1824 and was for about
the sum of $115 & these Respondents charge that this is
the bond or debt alluded to in said contract that there was
no other one for that amount or near that sum except
it & that the description given in the contract applies
better to that one than to any other & that there was no
other to which it could refer. They further charge
that the said replevin bond was assigned to William
PEARCE & that your Respondent Milly has paid the whole of
said bond with the exception of a few cents which She
is ready & willing to pay These payments were made in
the following manner January 7th 1825 through Robert
PLUMMER she paid to said William PEARCE $114.68 & on the
18th of January 1826 paid to Thomas HAMLET to satisfy the
balance of the execution which said paid upon said
replevin bond $6.45 These respondents therefore charge
that the said Milly PENLAND in capacity of
administratix has paid discharged as aforesaid the
obligation of said Wm [sic] to pay to Noble L. FICKLIN the
"$115 in specie or $230 in commonwealth paper" named in
the Covenant of said William PENLAND & deny that these
Respondents in his representations are bound to do more
[sic] They cannot admit that there were two debts to
Noble L FICKLIN which said William PENLAND was bound to
pay, but charge that if there were more debts than
one said William PENLAND was only bound to pay a certain
sum to wit $115 in specie or $230 in Commonwealth paper &
this sum with a few cents your Respondent Milly has paid
. They make a copy of the Judgment[sic] at law replevin
bond & in favor of Wm FICKLIN assignee of Noble L
FICKLIN against TINSEY etc. a part of this bill.
These Respondents cannot admit that the complainant had
any deed of trust upon the said land and require proof of
such fact. But they have been informed believe and
charge that if the Complainant[sic] had any claim whatever
upon Said land it was surrendered & given up at the
[corner of page missing] time of the aforesaid purchase by
Wm PENLAND, for they charge that said complainant was
present anxious for & consenting to the said sale,
according to the terms set forth in the aforesaid
agreement made part of her bill & that whatever claim he
may have had, if any he had, was then released &
relinquished surrendered in consequence of Sd Wm. PENLAND
agreeing to pay the sum named in said agreement all of
which sums with exception of the few cents as aforesaid have
been paid. It is true they have understood that said
complainant had some writing or deed for said land which
they have been informed was a plain common deed & not a
deed of trust or mortgage which was given up to said
William PENLAND with the consent of said complainant to
have one written by to said PENLAND & that it might be
canceled & your Respondents supposing & believing that
the said writing was void & canceled destroyed the same.
They charge however that the said writing whatever it
may have been was not binding upon the said William
PENLAND or his representatives as subsquent purchasers of
said land & that if it was valid for any purpose prior to
the purchase of said PENLAND it was cancelled, made
null & void & all claim & title surrendered up by
said complainant [under?] it upon the said purchase of
their intestate Wm PENLAND. They deny also that the
complainant has any right to resort to a court of
equity to hold them responsible for any cancellment or
destruction of said writing & charge that if they
are responsible therefore, the complainant has remedy
alone at law. & that this Honorable court has no
jurisdiction thereof These respondents charge
therefore that the obligation of said William PENLAND
has been complied with. That said William or they as
his representatives was & are under no obligation to
pay the pretended claim set up on Complainants bill. &
they plead to the Jurisdiction of their Honorable court
and are advised to charge that if the Complainant has
any demand or right of action upon the aforesaid
agreement of the said William PENLAND a court of Common
law alone has jurisdiction thereof & that said
complainant has no right to implead these respondents
in chancery upon the grounds & [pretended?] equity set up
in the bill. They deny all fraud & having fully
answered pray to be dismissed with their costs &c.
CRAWFORD for Defts
Fleming County Sct.
This day the above named Milly PENLAND James H. PENLAND
& Mary M. PENLAND came before me a Deputy clerk of the
Fleming Circuit court & made oath that the statements made
in the foregoing answer upon their own knowledge are
[true?] & that they believe those to be true which
are made upon the information of others. Given under my
hand this 14th of February 1831.
T DUDLEY D.C.
- - - - -
The deposition of Daniel FICKLIN and others taken at the
House of Thomas OLIVER in the poplar plains on Saturday the
26th May 1832 to be used as evidence on the trial of a
suit in chancery depending in the Fleming Circuit Court
wherein Benj REEVES is compt. and Wm PENLAND heirs &
admr. is defts & taken on the part compt.
The dept. FICKLIN being of lawful age and first sworn saith,
That while he was an acting Constable of Fleming County he
collected of Ben REEVES as on of the securities of James
TINSLEY the sum of $35 with Intst from 1st August 1822 &
costs I served the warrant on TINSLEY & Benjm. REEVES
& Thomas HAMBLETT his security there was Bail, it was
Repd at least once if not twice a Two years Repr.
and when due Benj. REEVES the security of James
TINSLEY paid to me for Noble L FICKLIN the peffe[sic] debt
Intst & costs
Question by Deft
Did or not the above amount of money constitute any part of
the hundred and fifteen dollars that the defendants
husband was to pay N L FICKLIN in October 1824
Ans I do not know of my own Knowledge [-] what N. K.
FICKLIN told me is not evidence & farther[sic] saith not
Daniel FICKLIN
also the deposition of Thomas HAMBLET of lawful age
and first sworn saith that he was one of the securities
of James TINSLEY to Noble L FICKLIN that when the
Eco[r or n] issued spoken of by Danl. FICKLIN he
refused to go in any farther & REEVES and TINSLEY Redp.
the debt with P. R. GRIMSLEY their security and when
the Repr. bond become due, Benjm. REEVES as the
security of TINSLY paid the debt, which when paid
amounted to about $50 in specie and paid from 6 to 7
years since this was a debt due Noble L FICKLIN and part
of a debt of $115 due said FICKLIN which said REEVES and
myself went his security
question by Compt. do you Know any thing about a mortgage
given by James TINSLEY to yourself and the Compt. for a
tract of Land since purchased of said James TINSLEY by
Wm PENLAND decd to secure the payt. of said sum to N.
L FICKLIN & one other to the Bank Commonwealth ?
Ans. I never seen the deed but I was told by James
TINSLEY, by the complt. & the deft. Milly that there was
such an one this was since the death of Wm PENLAND decd.
By same, did you or not hear the deft Milly PENLAND say
since the death of said William that said Mortgage had been
loaned or left with Wm. PENLAND to draw a deed by or
words to that effect? I heard her say that the deed had
been destroyed at her house since her Husbands death
By same, did no the compt. call upon her to pay bal. Said
debt to FICKLIN and if so what was her reply Ansr. She
observed there was not a scratch of a pen to compel her to
pay it after she had said the mortgage was destroyed
Question by Defenant[sic]
Did you See the complainant pay the money above alluded
to and if not how do you know that it was paid
Ans I did not See it paid nor do I know that REEVES
paid it but from information [several words are
marked out and illegible] information[sic] TINSLY REAVES
[sic] & FICKLIN
By Same did or not Mrs PENLAND say at the time She remarked
that there was not a scratch of a pen against her that
She was not bound to pay any more by the Article
Between her husband and TINSLEY Ans. I do not recollect
By Same are you interested in the result of this Suit
Ans. I do not consider that I am
By Same was the $50 which you suppose was paid by REAVES
[sic] to FICKLIN apart of $115 due said FICKLIN and if it
was how do you know it
Ans it was the only debt that I was security for
& further saith not Thomas HAMLETT
also Reuben PLUMMER of lawful age and first
saith that William PENLAND Decd in his life time told
me that he had purchased a farm of James TINSLEY that he
was to pay some corn, a debt to FICKLIN & one to the
Bank Reuben PLUMMER
Also James MARKWELL Esqr Lawful age and first sworn saith
, That in a controversy between Mrs. PENLAND & compt. he
before him he [sic] understood that deed of Mortgage from
TINSLEY to REEVES it to secure the debt to FICKLIN & the
Bank was loaned to PENLAND to draw a deed by & that after
his death it was destroyed and at the time an instrument
of writing signed by James TINSLEY & Wm PENLAND, bearing
date the 4th July 1823 and witnessed by P. R GRIMSLEY &
Judith GRIMSLEY, and which he filed in the papers in this
suit which said agreet. it was agreed was Executed by the
parties thereto & further saith not
James MARKWELL
also the deposition of James HAMBLETT of lawful age
and first sworn saith That in a conservation with
Milly PENLAND he understood her to say the deed of Mortgage
from TINSLEY to REEVES was burnt at her House since
the death of Wm PENLAND and farther
saith not James HAMLETT
also the deposition of Aron RICE of lawful age first sworn
saith That he was present when Wm PENLAND & TINSLEY at
the House of Peyton R. GRIMSLEY [retoted?] the
Contract about the purchase land by PENLAND of TINSLEY.
PENLAND was to pay some corn, The FICKLIN debt, and a
debt due the Bank & farther Saith not
Aron RICE
Fleming County Sct.
The foregoing depositions were severally taken before me the
Subscriber a Justice of the peace for said County at
the house of Thos. OLIVER in the Poplar plains on the
the[sic] 26th May 1832 sworn to and Subscribed in my
presence as afsd Given under my hand
the date above Herman DAY
The Compt [dr or pd]
To 5 witnesses at 50 cts each $3
Justices fee 1
4
Herman DAY
[on the back]
REEVES vs PENLANDs Chy
It is admitted by the parties that the judgement upon the
debt described in the deposition of Daniel FICKLIN &
which proves he collected of the complainant, was obtained
on the 16th of November 1822 as per the little
memorandum of said Daniel FICKLIN hereto attached-the
same debt of $35 spoken of in the deposition of
N. L. FICKLIN Jas. CRAWFORD atto for the
Defendants
L. W. ANDREAS
[the note attached reads]:
[front]
N. L. FICKLIN
vs
James TINSLEY Benjamin REEVES Tho. HAMBLETT
$35 due 1 Augst 1822
The Judgement was given 16 November 1822
D FICKLIN
- - - - -
Deposition taken at the house of Lewis HORD in
Flemingsburgh on the Saturday the 2nd day of June 1832.
to be read as evidence in a suit in chancery in Fleming
Circuit court wherein Benjamin REEVES is Complt and Wm
PENLANDs heirs &c Defendants.
First the deposition of Reason PLUMMER of age and first
sworn deposeth and saith.
That a short time before the death of Wm. PENLAND he
agreed with said William PENLAND to pay for him a debt
which he called the FICKLIN debt which he described as
a debt he said PENLAND had agreed to pay towards
the place he had purchased of James TINSLEY amounting to
$115 dollars & which had been assigned to PEARCE or at
least was in the hands of Mr PEARCE. That after said
Wm PENLAND death he paid for and on account of his said
contract with said PENLAND to William PEARCE the sum of
$114.68 cents in par money, about the 7th of January
on account of an execution. He further stated that said Wm
PENLAND said he had agreed to pay Mr. PEARCE somthing
for waiting but what it was he cannot now recollect.
And further saith not. Reason PLUMMER
Also the deposition of Enoch TINSLEY in same case first
sworn saith.
That he became a renter under Wm PENLAND & that he paid
to & discharged to father James TINSLEY for and on
account of said Wm PENLAND, the three hundred bushels of
corn which said Wm PENLAND had agreed to pay said James
TINSLEY in part for the tract of land he purchased of
said TINSLEY & described in the contract refered to in
this cause--
Ques. by Defts atty State what you heard the Complt say
in relation to the land purchased by Wm PENLAND by
the agreement ofered[sic] to in this cause, of James
TINSLEY, upon a trial before James MARKWELL Esqr. &
[tresspass] NORTHCOTT between Milly PENLAND Plff & the
complt & James TINSLEY Defts-
Ans The aforesaid suit before Markwell was for the recovery
of $10 which Mrs PENLAND alledged she had paid to the
Bank above what she was bound to pay under her husbands
contract with TINSLEY for the land and about the time the
magistrates were going to give their Judgement the
complt in this cause Benjamin REEVES remarked that when
the $10 claimed in said suit was paid the land purchased
by Wm PENLAND was paid for. & the magistrates gave
Judgement for Mrs. PENLAND against James TINSLEY for the
$10. & against her as to the complt. REEVES & said
TINSLEY is near insolvent.
And further saith not
his
Enoch X TINSLEY
mark
Fleming County. Sct.
The foregoing depositions of Reason PLUMMER and Enoch
TINSLY was this day taken subscribed and sworn to before
me J. H. JONES a justice of the peace for the County of
Fleming at the time and place and for the purpose in the
caption [----] Given under my hand 2nd June 1832 J H
JONES
[On back]: Magistrates fee $1.00 paid by Milly PENLAND
J H JONES
Enoch TINSLEY for three days attendance $1.50
- - - - -
Mrs. Milly PENLAND James H. PENLAND Mary M. PENLAND and
James CRAWFORD Guardian to the infant Heirs Wm PENLAND
decd please take notice that on Saturday next at the
House[sic] James MARKWELL Esq. Fleming Cty I
shall take Sundry depositions and that on Saturday
following being the 3d Saturday I shall take Sundry
depositions at the House of Lewis HORD in Flemingsburg
to be used as evidence on the trial suit in Chancery
depending in the Fleming Circuit Court wherein I am
compt and you defts Augst 6th 1832
Benjm. REEVES
[following in pencil and faint]
I acknowledge service of this notice Augt 6th 1832
Jas. CRAWFORD
[---]
- - - - -
The deposition of Peyton R. GRIMSLEY & others taken to be
read as evidence on the trial of a suit in chancery
depending in the Fleming Circuit Court wherein
Benjm REEVES Complt and Milly PENLAND &c are defts
taken on Saturday 18th Augst 1832 at the Tavern
of Lewis HORD in Flemingsburg The dept being of lawfull
age and first sworn saith that he hath this say seen an
agreet. being made the 4th July 1823 signed by James
TINSLEY & Wm PENLAND which was Ececuted[sic] and
acknowledged in his presence and himself & wife
signed their names as witnesses to the same being now
filed in the papers of this suit he wrote the whole
agreet and it was Ececuted in his presence.
Quest by Compt did you or not write a deed of Mortgage
upon a tract of Land from James TINSLEY to Benjamin
REEVES to secure the payt of certain debts or securitys
ships if so state all you know about it
Ans I wrote a deed from James TINSLEY to Benjm REEVES
for the tract of land described in the foregoing agreet.
which said deed for said Land was to secure said REEVES
in debts which he had went Said TINSLEYs security
to the Banks Commonwealth and Noble L. FICKLIN which was
Ececuted by said TINSLEY & [delivered?] to said REEVES
By same do you or not Know what hath become of said deed
Ans I do not only by hearsay
Quest by Deft Did or did you not write the agreement
according to the wish of the parties at the time Ans I
think I did
& further this Deponent Saith not
Payton R GRIMSLEY
Also the deposition of James TINSLEY of Lawful age
and first sworn saith that he ececuted a deed to
Benjm. REEVES for the same Land which he afterwards
conveyed to Wm PENLAND to secure him in his Security
Ships, to the Bank of the Commonwealth, and also to
secure him as his security to Noble L. FICKLIN and Wm
PENLAND told me when he bought the land he would borrow the
said deed & he afterwards told me he had borrowed it
and after Wm PENLANDs death I heard Polly or Mary
PENLAND say she had burnt it at the request of her
mother, the deed was made to secure all the FICKLIN debts
Ques by Deft did you or not tel[sic] me that there was
only one hundred and fifteen Dollars due on the FICKLIN
Debts Ans I dont recollect & further this Deponent Saith
not
James TINSLEY
& then adjourned by consent until Saturday after next on
this day two weeks by consent of parties when either
party may take depositions
James STUART J P
Fleming County Sct The foregoing depositions of Peyton R.
GRIMSLEY & James TINSLEY were this day taken before me
the Subscriber a Justice peace for said County at the
time and place mentioned in the caption of said
deposition Given under my hand the 18th Augst 1832
William P FLEMING
James STUART
Justice Fee $1.00
charged to Complainant
- - - - -
Fleming County Sct.
Benjamin REEVES this day came before me the Subscriber a
Justice of the peace for Sd County and made oath that
Benj. RICE of the State of Ohio (near Portsmouth) is a
material witness for him in his suit in Chy in the
Fleming Circuit Court wherein he is Compt & the
widow & heirs of Wm PENLAND decd. are defts & he prays
a commission to take his deposition Given under my
hand the 8th Jay 1833 Wm P. FLEMING
- - - - -
Mrs. Milly PENLAND, James Harvey PENLAND Mary PENLAND
otherwise called Polly & James CRAWFORD, Guardian for the
infant heirs of Wm PENLAND
Please take notice that on Friday the 22d Inst at the
Court House in the town of Portsmouth being the Mouth
Sciota River I shall take the deposition of Benjm
RICE to be read as evidence on the trial of a suit in
chancery depending in the Fleming Circuit Court
wherein I am compt and you defts attend if you please yours
&c
Benjm REEVES
8th Feby 1833
you must have two Justices peace present (one will not do)
have a copy of the above served on PENLANDS. let the
two Justices who take the deposition certify in the body
of the certificate that they are such
A True Coppy delivered to James CRAWFORD This [-] day
of February 1833 Richard R LEA [--]
Fleming County Sct
This day Benjamin REEVES Jr came personally before me
the subscribed a Justice peace for said County and made
oath that on the 9th Feby 1833 he gave to Milly
PENLAND, James Harvey PENLAND & Mary PENLAND a true
copy of the within notice given under my hand the
4th March 1833 William P. FLEMING
- - - - -
State of Ohio Scioto County
By virtue of the annexed dedimus issued out of
the Circuit Court Fleming County Commonwealth of Kentucky
directed to any two justices of the peace in the state of
Ohio
We Ezra OSBORN & John NOLL two of the Justices of the
peace in and for the County of Scioto and State of Ohio
on the Twenty Second day of February in the Year one
thousand eight hundred and thirty three did cause to
come before us the said Justices aforesaid at the
Court House in the Town of Portsmouth near the Mouth of
the Sciota River agreeably to the annexed notice
fixing the time and place Benjamin RICE whose deposition
is intended to be read in evidence on the trial of a
certain suit in Chancery now depending in the Fleming
Circuit Court Whereas Benjamin REEVES is plaintiff and
Complainant and Milly PENLAND & the heirs of WM PENLAND are
defendants
On the part of the Complaintants-
The said Benjamin RICE being called Cautioned and sworn
the truth in the premises to Speak the following
answers to the interrogatories put did make
Question Are you Acquainted with Mrs Milly PENLAND
widow of Wm PENLAND deceased--Also with James TINSLEY?
Answer I am acquainted with the both
Question Will you state what you heard Mrs Milly
PENLAND say William PENLAND her husband in his life
time informed her about the land he purchased of James
TINSLEY?
Answer I was at James TINSLEYs (who lives in
Fleming County Commonwealth of Kentucky) the widow
Milly PENLAND came there and by request of Mr TINLEY
[sic] I listened to the conversation that passed Mrs
PENLAND said her husband informed her before his death
that He was to Pay TINSLEY for the land The two
FICKLAN notes to the best of this deponents recollection
Three hundred Bu Corn and a Bank Debt that TINLEY[sic]
owed to the Fleming Bank
Question Did Mrs PENLAND say her husband informed her He
was to pay the two FICKLIN notes The Fleming Bank debt
due from TINSLEY to the Bank and to give besides to
TINSLEY Three hundred Bushels of Corn?
Answer I understood her so to say
Question Where and when did Mrs PENLAND made these
Statements were they after her husbands death?
Answer It was some time after her Husband death at
James TINLEY house about 5 years since
Question Did not Mrs PENLAND state distinctly that
Wm PENLAND her husband said he was to pay those two
notes of FICKLIN's, and the reason she would not pay them
was because they were not in the article of agreement
between TINSLEY & PENLAND?
Answer She did as I well remember
Question What did Mrs PENLAND say she did with the
deed that TINSLEY made of the Land in Question to
Benjamin REEVES the Complainant in this action
Answer I do not recollect to have heard her say any thing
about a Deed
Question Did Benjamin REEVES purchase the land in
Question of James TINSLEY?
Answer I do not know
Question Did TINSLEY give REEVES a Deed?
Answer I do not know
Question Did TINSLEY sell to REEVES before PENLAND purchased
of him?
Answer I cannot say it
Benjamin ROYSE
State of Ohio Scioto County Before us Ezra OSBORN &
John NOLL the Justices aforesaid We certify that the
above deposition of Banjamin RICE was taken at the
Court House in Portsmouth in the County of Scioto &
State of Ohio in pursuance of the annexed Dedimus &
notice fixing the time & place In witness whereof we
have hereunto set our hands & Seals this 22nd day of
February 1833
Ezra OSBOURNE (SEAL)
John NODD (SEAL)
[mjn note: costs for this deposition totaled $1.79 and were
paid by REEVES]
- - - - -
Mr. Benjamin REEVES,
Take notice that I shall attend at the Tavern house of
Lewis HORD in the Town of Flemingsburg on the 17th
Instant to take the Depositions of Benjamin NORTHCUTT
& others to be used upon the trial of the Suit in
Chancery depending in the Fleming Circuit Court wherein
you are Complainant and myself & the Heirs of Wm
PENLAND deceased are Defendants the said Depositions
will be taken between 10 oclock in the forenoon & 4
oclock in the afternoon of said day when & where you
may attend if you please May 6th 1833
Milly PENLAND for
herself & the Heirs of Wm PENLAND decd
- - - - -
Mr. Benjamin REEVES
Take notice that I shall attend at the house of Thomas
WATSON, on the waters of Foxes Creek in Fleming
County on the 31st Inst. to take the Depositions
of George HOWARD & others to be read as evidence on the
trial of the suit in Chancery now depending in the
Fleming Circuit Court wherein you are Complainant &
myself & the heirs of William PENLAND deceased are
Defendants the said depositions will be taken between
the hours of ten oclock in the forenoon & 4 oclock in
the afternoon of said day when and where you may attend
if you please
May 17th 1833 Milly PENLAND for herself
and the heirs of Wm PENLAND deceased
[mjn note: There are two copies of this on file.
One was to be "given..to REEVES." The other was "Executed
by delivering a true copy of this notice to Benjamin
REEVES on the 27th day of May 1833 L. R. RINGO "]
- - - - -
The deposition of George HOWARD and Sarah HOWARD taken at
the house of Thomas WATSON in the County of Fleming
and State of Kentucky on the thirty first day of
May 1833 agreeable to the notice hereto annexed to
read as evidence on the part of the Defendants in
a suit in chancery now depending in the circuit court
for the county of Fleming Wherein Benjamin REEVES is
complainant and Milly PENLAND and the heirs of William
PENLAND Decd are defendants the deponent being of
laful[sic] age and first duly sworn deposeth and saith
by Defendant
Q do you remember whether Mr B. REEVES did not state at
James MARKWELLs on a former trial what value he received
for the deed that was said to be burnt
Ans I do not recollect what he said in regard the question
put
Q by Defendant Did not Benjamin REEVES state at Sd.
MARWKELLs that if the ten Dollars that was then on trial
was paid the land he is contending for was paid for
Ans I recollect that he stated that the land was paid for
Q did you not hear Mr TINSLEY say up at your shop that
at[sic] was no Morgage nor no deed of Trust nothing but a
quit claim deed that REEVES had no him
Ans I heard Sd TINSLY said it was no Mortgage nor deed
of Trust for he had Just made him the title he had to the
land to secure him for being his security in Bank and
otherwise
Q by the complainant did not you hear Mr TINSLY say that
he sold his land to Wm PENLAND in order to discharge those
debts that Sd B REEVES was bound to pay for him
Ans I did hear him say that he sold the land to pay
them debts that Sd REEVES was bound for and further
deposeth
George W HOWARD
Witness Q by Defendant
did not Benjamin NORTHCOTT ask Benjamin REEVES at Sd
MARKWELLs that if the ten dollars was paid that Milly
PENLAND had warranted TINSLEY and Sd REEVES which she had
paid in Bank the land was paid for
Ans Sd REEVES said it was
Q by Def did you not hear TINSLY [say?] that it was no
Mortgage nor deed of Trust but had made him the title he
had for the land
Ans that she heard him Sd TINSLY say that it was the same
kind of title that he had himself
Q by complainant did you not hear Mr TINSLY say that he
sold his land to Wm PENLAND in order to discharge his
debts that Benjamin REEVES had paid for him as
security in Bank and otherwise
Ans I do not Recollect
Q by Defendant did you not hear Mr TINLY say that he was
to pay in Bank ten Dollars more than William PENLAND was
bound to pay Sd Bank
Ans I did hear TINSLY say that he was to pay in Bank ten
dollars more than Sd PENLAND was bound for at the winding
up of the Bank
her
Sarah X HOWARD
mark
Fleming County to wit:
The foregoing deposition of George HOWARD and Sarah HOWARD
was this day taken subscribed to by the said George
HOWARD and Sarah HOWARD before the undersigned a
Justice of the peace for said County at the time and
place and for the purpose stated in the caption thereof
given under my hand this 31st day of May 1833
James MARKWELL J P F C Ry
Justice fee $1.00 not paid
- - - - -
Benjamin REEVES put A receipt in my hand for collection
given for A debt that sd REEVES paid to Dnl RICKLIN C F C
as the Security of Jas TINSLY in A replevin bond for
$45.97 1/2 with interest from the 23rd of feb 1825
which has been prosecuted as far as to get a judgment
and execution but could make no collection the cost on
sd execution is $1.00 Wm FILSON C F C
N[-] sd Debt was in favor of N. L FICKLIN
- - - - -
[mjn note: the following are abstractions, not transcriptions]
- - - - -
James TINSLEY and Milly PENLAND, along with the children
of Wm. PENLAND were summoned to appear before the judge
at the September 1830 term to answer Benjamin REEVE's
bill. Date 24 Aug 1830.
- - - - -
Summons issued and dates
Evan EVANS, William FILSON, Benjamin NORTHCUTT,
George HOWARD and Sally his wife to appear at the house
of Lewis HORD in the town of Flemingsburg on the
first Saturday of September. Date 18 Aug 1832.
Paton R GRIMSLEY to appear at the House of Lewis HORDs
in the town of Flemingsburg on 18 Aug 1832. Date: 17 Aug
1832.
Benjamin NORTHCUTT and George HOWARD to appear at the
tavernhouse of Lewis HORD in Flemingsburg on 17 May 1833.
Date: 6 May 1833.
George HOWARD and Sarah his wife to appear at the House of
Thomas WATSON on the waters of Foxes Creek on 31 May 1833. Date: 17 May 1833.
- - - - -
Fleming County Circuit Court Order Book M, page 158
June Term 1834 5th day
Benjamin REEVES
against
PENLAND Administrator & heirs
Ordered that the order of continuance made in their
cause on yesterday be recinded. And the cause coming
on to be tried, be consent, upon the Bill answers
Depositions in the cause, And the parties being
heare[sic] by their attornies It is decreed and
ordered that the Complainants Bill be dismissed. And that
the Complainant pay to the defendants their costs by
them about their defence herein expended.
- - - - -