LAWSUIT – ELIZABETH JOHNS AND EMILY WEDDINGTON VS. SAMUEL JAMES HEIRS

Elizabeth John al Plffs

VS: Petition in Equity

Pernina James al Deft

Floyd Circuit Court

January 16, 1871

The three being all the heirs of said Maranda Harkins late James who intermarried their father High Harkins who is also dead. They state that on the __ day of __ 1870 their brother John Harkins granted a deed and conveyed to them all of his interest in said land and the land is now held jointly – See copy of said will herein filed and made part hereof ? They further state that for the last eight or ten years, the deft, Pernina James has been ?? claim to said land as her ? and refuses to surrender the land. That she acknowledged & recognized the Plffs right to the land ….

Therefore they pray ? to make them a deed to the lot of land allotted to their Mother – being heir no. 2….

Filed January 16, 1871

The deft P. James states that the land sought to be recovered by Plffs she gave a Bond over twenty three years ago to Robert Mead for title to same. That Robert Mead & those claiming under him have had the peaceable ? & continuous possession & control of said land from & after the hereof aforesaid, said land was knowingly a well defined market boundary & was so known to be occupied and possessed by her & those claiming under her for the period aforesaid by the Defts. She therefore pleads & relies upon the Statute of Limitation so far as relief is sought against her upon said bond and pleads & relies upon the same on a bar to Plff action & in the event that the court should be of opinion that pleas is not sufficient to ban Plffs action she then pleads and relies upon the Statute of Limitation in Bar of Plffs action to the extent of the well defined & marked boundary of the land embraced in the Bond set up by Plffs & with the marked & defined. The Deft Pernina James states that she & those coming under her have made it notoriously & public that they claimed & held to the full extent of the Boundary above described is said bond & have to claimed & held publicly & notoriously & against all claimants, & such claim & holding was well known to the Plffs, was acquiesces in & acknowledged by Plffs for & during the full period of at least twenty years without objection or complaint until the bringing of Plffs suit. Deft states that she has (sic) know interest in this controversy except she is made a deft by the summons of Plffs, being old & Infirm in age she only seeks in that age to be protected & protect those who honestly hold under her.

Having fully answered she asks to be dismissed all proper relief.

May 20, 1871

Amended Petition

The Plaintiffs amend their original petition herein and state that at January Term 1846 of the Floyd County Court the report of the Commissions of assignment of dower and division of the land – ? which division was made on the 4h of October 1845. They state that of the division most of them took possession of the lots assigned them. The widow Pernina James taking remaining in possession of the lot assigned to her and of ?. Plffs ancestors Hugh Harkins and Maranda Harkins took possession of the lot allotted to their Mother. Maranda Harkins she at the time being a married woman. Their Mother died Jany 1st 1847 leaving their husband their Father Hugh Harkins surviving her when ? in possession of the lot assigned to the Mother and that he was as her husband entitled to the use ? and benefits of said land during his natural life – as tenant by ?. They state that the female Plff Emily G. Weddington was married on the __ day of April 1860 being then 18 years of age. That her husband the Plff Robert is still living.

That the female Plff – Elizabeth Johns was married on the ?? day of 186__ and that their Father Hugh Harkins was still living and continued to live afterward up the 28 of March 1869. something over two years ago and less than two years before the bringing Plffs suit they state that they had no right to bring a suit for said land until the 28th of March, 1869. That time for the first time their right to bring a suit for said land ? came into existence, and that they insist the Statute of Limitations did not begin to run against them until their Father’s death. The female Plffs are both married woman and they ? the ? of ? disabilities. That he land had belonged to the female Plffs from and of their Mothers death subject to their Fathers life estate.

The insist that the holdings of said land by their Father as ? under him was for their use. And ? other holding is ? and in violation of their rights.

The state that since bring their original suit they have learned that John Fraley & Moses Collinsworth is in possession of said lot of land ? “2”. They therefore invoke them for ties to their suit and ask process against them. …

October 7, 1871

The Plaintiffs by leave of the Court amend their petition and for amendment state that the sale or pretended sale of Pernina James to Robert Mead was made in violation of their rights that the said Pernina came into possession of the said land and or and by virtue of the title of Samuel James the grandfather of the female plaintiffs and she and these claiming under her are stopped from ? their title to said land and they plead the estoppel against the said Pernina James, Robert Mead and all persons claiming by through or under them.

They charge that the defendants John Fraley & Moses Collinsworth are the tenants in possession of said land and they are claiming immediately or immediately under the title derived by Robert Mead from Pernina James they make the said Robert Mead a defendant to this and their original petition and ? that the title of the final Plffs to said land may be quieted and the said Robert Mead, John Fraley & Moses Collinsworth be compelled to surrender up to them the possession of said land. They change example that the Statute of Limitation did not commence running against them until the 28th day of March 1869 the time of the death of their father Hugh Harkins wherefore they pray as in the original petition.

24 day of April 1872

Elizabeth John al Plffs

VS: Petition in Equity

Pernina James al Deft

Filed January 16, 1871

Deposition of Solomon Stratton taken on the 24 day of April 1872….

Question by Plff

State if you were acquainted with Samuel James – also whether Miranda James was his daughter & who she married – when she died & who are her heirs at law if you know.

Answer

I was acquainted with Samuel James. I know that Maranda James was the daughter of Samuel James who intermarried with Hugh Harkins. I know that the said Maranda James or Harkins had three children by the said Hugh Harkins: John, Elizabeth & Emily & Elizabeth intermarried with John G. Johns & that Emily intermarried with Robert H. Weddington and now the said Elizabeth Johns & Emily Wedding are the only children and heirs at law of the said Maranda Harkins

Question

Do you know when Maranda Harkins and High Harkins died. If so, state when they died.

Answer

My best impression is that Maranda Harkins died in the winder of 1847 or 1848 and Hugh Harkins died in the spring of 1869 and further this ? sayeth not.

/s/ Solomon Stratton

January 1873

This case having been submitted and fully heard it is adjudged that the female plaintiffs are the owners of the land described in the petition. It is further adjudged that they are entitled to a conveyance of the same to themselves; It is therefore evidenced and adjudged there that the defendants, Pernina James, Malinda Roop, John Roop, Tamsey Russell, Ira Russell, David James, Sarah McCoy, William McCoy Mahala Priest, John Priest, Pernina Smith, John Smith convey to the female plaintiffs Elizabeth Johns and Emily Weddington lands described in the petition and Exhibits, in the Covenants of Special Warrantees, and upon their failure to do so and or before the 1st day of the next term of this Court John W. Mayo is appointed a Commissioner to make the conveyance. He is further appointed a Commissioner & directed at the same time to convey to the female Plffs – the interests of the defendants Richard Ratliff, Hannah Copley, James Copley & Samuel James. He will present the Deed for ? at the next term of this Court…..

This day Jno. W. Mayo Commissioner produced in Court a deed in ? of the former judgment herein, which deed is approved and confirmed and ? by the Circuit Judge and ordered to be ? to the Clerk of the Floyd Count Court for record.