Lawsuit G. W. and Elliot vs Francis Collins

Lawsuit 5014 Filed Feb 3, 1908

G. W. Priest Plff.

Vs. Petition Equity

Francis Collins & C Deft.

G. W. Priest

Against

Francis Collins, and J. E. Priest

The plaintiff, G. W. Priest, states that on November 25, 1889, he sold and by deed which was accepted, and is now in the possession of the defendant, Francis Collins, convey to the defendant, Francis Collins, his entire interest in his father, John Priest, deceased lands, situated in Floyd County, Kentucky, and the land on which (sic) Manervia Priest now lives, on Kitnor Branch, on Brushey Creek, a tributary of Johns Creek, this being all his entire interest in his father, John Priest’s land above situated. If required a more perfect description will be filed by amended petition.

In consideration for said land the defendants, Francis Collins and J.E. Priest, on November 15, 1889, executed and delivered to the plaintiff their note, whereby they agreed and promised to pay him Twenty five Dollars ($25.00), with six per cent per annum from date. Said note is in words and figures as follows, towit: “Nov. 25, 1889.” “One day after date I promise to pay, G.W. Priest, twenty five dollars for value received o him, at six percent interest from date for land. His

Francis x Collins

Mark

J. E. Priest

And is herewith filed and made part hereof.

A lien is retained in said deed to secure the payment of the said note. The deed is now in the possession of the defendants and has not been recorded, and the plaintiff requests that the said deed or copy thereof be filed by the defendants.

There are no other liens on this interest of the land, and it can not be divided with materially impairing its value.

WHEREFORE, plaintiff prays judgment against, defendants, Francis Collins and J.E. Priest, for his debt, interest and cost and that he be adjudged a lien against said land, and that the whole interest be sold to satisfy this lien debt, and for costs and all proper and appropriate relief.

G. W. Priest

By William Dingus, Atty