JOHN FRALEY ASSIGNEE OF ABNER JAMES PLAINTIFF AGAINST ABNER JAMES AND OTHERS

John Fraley assignee of Abner James Plaintiff

against

Abner James and Others

Filed Jany 13th 1852, heard 1852 May Term

Abner James, John Smith & Penina A. Smith late Penina James, Samuel James, David James, Ivy Russel & Tamsy Tussil late Tamsy James, William McCoy & Sally McCoy late Sally James, William Ratliff & Rachel Ratliff late Rachel James, John Roop and Malinda Roop late Malinda James, John Priest and Mahala Priest late Mahala James, Daniel James, Isaac James & John James also the husband & heirs at law of Meranda James deceased to wit: Hugh Harkins her husband, John, Elizabeth & Emily Harkins her children & infants & heirs at law of Samuel James deceased as also his widow Penina James defendants:

The plaintiff John Fraley states that many years ago and in the life time of sd. Samuel James deceased he made executed & delivered to defendant Abner James his son a title bond to a certain tract or parcel of land lying on Johns Creek in this county & beginning at the upper end of the quicksand bottom of sd. Creek at the steep gut on the south side of said creek thence running down said creek to the first bend thence crossing said creek to the north side to a high rock thence down said creek to the lower end of said bottom thence across said creek to the south side thence running up and including both surveys to said steep gut also including both surveys down to the sourwood and dividing line between my tract & Solomon McGuiers. The plaintiff states that he has purchased all the foregoing bound but excepting a small boundary commence …part of line missing… south to a chestnut oak from this line up said creek or that side of the same day of said Abner James sold said land to plaintiff for the title that the defendants or the widow & heirs at law of said Samuel James deceased that deft. Ivy Russil & wife, John James, Isaac James & Daniel James are non residents of this state, deft. H. Harkins children are infants – He makes said title bond apart of this petition files the same – Wherefore he prays judgment for a specific execution of the aforesaid contract by defts conveying to the plaintiff warranting & defending as set forth in the said writing for other proper relief.

State of Kentucky Floyd County

John Fraley says he believe the statements of the foregoing petition are true, /s/ John Fraley

Sworn to before me by John Fraley this 13th day of January 1852. Teste. James Trimble, Clk.

Warning Order

John Fraley Plaintiff against Abner James & Others, defendants

The defendants Ivy Russell and Tamsey Russell his wife late Tamsey James, John James, Isaac James and David James are warned to appear in this court on the first day of its next June Term and are given the Petition in Equity of the plaintiff John Fraley. /s/ James Trimble, C.F.C.C. January 13th 1852.

1855 Oct. Court, _____________ unreadable. (I think it is the finalization, on the cover.)

[I did not transcribe this document – Lucy DeYoung]