January 1895
Floyd Circuit Court.
Minerva Priest, Marian Priest, Jane Priest,
J.E. Priest, R. H. Priest, Montaville (sic) Priest,
Grant Priest, Nancy D. Smelser, new Priest
And J.T. Smelser, her husband, Susanna Collins,
Nee Susannah Collins, wife of defendant. Plaintiffs.
Vs. Petition in Equity
Francis Collins, G.W. Priest,
Dave McCoy and E.L. Cline Defendants.
The plaintiffs, Minerva Priest, Marian Priest, Jane Priest , Montaville (sic) Priest, Grant Priest, Nancy C. Smelser, nee Nancy C. Priest, and J.T. Sme1ser her husband, Susannah Collins, nee Susanah (sic) Priest, say that their father and ancestor John Priest departed this life in August 1889, intestate and domiciled in Floyd County Ky., leaving surviving him the above named plaintiffs who are his lawful children and heirs at law. The plaintiffs, say, that at the time of their fathers death, he was the sole owner of and seized of the fee simple title to and in the actual possession of a certain tract or boundary of land, situated and lying on the kitnare branch of Brushy creek, a tributary of Johns creek in Floyd County Ky. (A fuller description of said land will be given hereafter if required). The Plaintiffs say that said land descended to them, by the law of descent in this state, as his only surviving children and heirs at law and has been held jointly and in common by them since the death of their father said John Priest; save as hereinafter stated and explained.
The plaintiffs say that Minerva Priest is entitled to have and to hold, in addition to her inheritance of one tenth part or share in said lands the several one tenth share or interest of both her sister Jane Priest and her brother Marian Priest one un divided one tenth interest or share in said decedents’ land, which each had, which she owns having derived by purchase from her said sister Jane Priest and brother Marion Priest their one undivided one (sic) tent, part each, which is evidenced by deeds of conveyance duly acknowledged for record that the plaintiff Minerva Priest’ right, title and interest in said land amounted to three undivided one tenth part of the whole tract or three shares in the whole boundary.
And that J. E. Priest, R. H. Priest, Montaville (sic) Priest, Grant Priest, and Nancy C. Smelser, nee Nancy C. Priest are entitled by inheritance to one undivided one tenth part or share each in said lands and that Susannah Collins, nee Susannah Priest, who is now the lawful wife of defendant Collins, is entitled to one undivided one tenth share in said land. The plaintiff Susannah Collin says that while she and defendant are husband and wife, that they are now and have been for some time living separate and apart and that the timber hereafter mentioned was cut and hauled, and consequently the waste committed on the premise, without her knowledge, permission, or consent, either express or implied that defendant is lazy indolent and a drunkard; that he neglected and abused her while she tried to live with him previous to their separation, and since their separation he refuses to provide her, with food, clothing & necessaries for her maintenance, support, and comfort, and therefore, she asks that her rights in this controversy be protected. And
that defendant Francis Collins is the owner by purchase from his Co-defendant G. W. Priest his one undivided one tenth share in said land.
Plaintiffs, further say, that the defendant Francis Collins did on the ___ day of ___ 1889, enter upon said sand and unlawfully and without right and over the protests of these plaintiff’s and against their will and consent and with the fraudulent intent to cheat and deprive the owners of the timber hereinafter mentioned–did cut and haul off of the said land the valuable and merchantable poplar and oak trees standing on said land; towit, about (60) sixty trees, which were worth on the lands so taken off three dollars per tree, and are now sawed into logs and converted into raves or pieces, of rafts and are situated or lying on the waters of Johns’ creek; three, of which are at the mouth of Brushy and one below the ford of Johns creek and all in Floyd County Ky. The plaintiffs say that they are entitled to eight tenths of said timber is worth $162. (One Hundred and Sixty Two Dollars), and that the defendant Francis Collins and his co-defendant G. W. Priest are entitled to one undivided one tenth of said timber, which is worth $18.
The plaintiffs further state that the defendant Francis Collins is insolvent and is in collusion with his co-defendants David McCoy and “Good” Cline and defendant has sold and they are about to sell, conceal and, remove the said property from this state with the fraudulent intent to dispose of said property and to cheat, hinder and delay plaintiffs in the collection of their lien debt upon, said raves and pieces of rafts, not leaving enough property therein to satisfy plaintiffs claim, and further state that they have reasonable cause to believe and do believe that unless prevented by the court the said timber will be sold, concealed or removed from the state. Plaintiffs state that their demand against said property is a just debt or claim and they believe they ought to recover thereon the just and full sum of ($162.) One Hundred and Sixty Two Dollars, with interest on said amount from the time the trees were cut and hauled.
Wherefore plaintiffs pray judgment for $162. with interest from the date the trees were cut and hauled from the land, which is the value of said interest in said property and that their lien on same be inforced (sic) and that the said four raves or parts of raves be sold to pay their debt and demand , and they pray that orders of attachment be issued notifying defendants from disposing of said property and for an order of sale of same and proceeds applied to pay Plaintiffs demand.
The affiant Minerva Priest says that the statements of the foregoing petition are true.
/s/ Minerva Priest
Subscribed and sworn to before me by Minerva Priest, this _______ day of January 1895
/s/ John Johns
Notary Public Floyd County Ky.