From: KyArchives [Archives@genrecords.org] To: Ky-Footsteps Subject: Anthony.Philip.1811.Logan.COURT Philip Anthony February 23, 1811 Logan County KyArchives Court Source: Logan County, Ky Equity Case Ec 2-18, Anthony Vs Carroway, Bill, Filed February 23rd, 1811, Teste, Armi Morehead, Clcc Written: February 23, 1811 “To the Honorable, the judge of the Logan Circuit Court in Chancery sitting, your orator PHILIP ANTHONY humbly complaining therewith unto your honors that on the __ day of ____ in the year 18__, your orator purchased of a certain Adam Carroway 100 acres of land in Logan County on the waters of Little Whippoorwill and that the said Adam Carroway (who your orator prays may be made a defendant to this, his bill) assigned to your orator the plat and certificate of survey for said land and on the 20th day of December 1808, a patent issued to your orator for said land (a copy of which patent is herewith filed and prayed to be made a part of this, his bill), and which said patent contains ? said boundaries of said land.” “Your orator states to your Honors that notwithstanding he purchased the before mentioned land of said defendant and paid said defendant a valuable consideration for said land, yet said defendant, intending to cheat and defraud your orator, said defendant, by some means procured another entry and certificate for 150 acres of land which included said land so sold by said defendant to your orator and had said land by virtue of the last-mentioned entry nd certificate and surveyed and returned to the register’s office, and on the 21st day of December, 1808, a patent issued to said defendant Adam Carroway as assigned for said land, a copy of which said last-mentioned patent is herewith filed and prayed to made a part of this Bill.” “All which ?actions and doings of said defendant’s are contrary to equity and ____od [smudged] said consequence and will tend very much to injure and oppress your orator without the speedy intervention of your Honors in your Honorable Court when matters of fraud etc?, are properly ____able and valuable? Against—to the end therefore that the said defendant may be compelled upon his corporal oath true and perfect answer to make to all and singular the matters and things in this Bill contained as fully as if the same were herein again fully ?separated and interrogated. And may it please your Honors to grant unto your orator, the Commonwealth’s writ of judgement [obscured with tape], and the principles considered that your Honors will by a decree of your Honorable Court compel said defendant to make to your orator a good and sufficient title to the land said defendant acquired under, and by virtue of the last-mentioned patent, or to relinquish to your orator said defendants title to said land and grant to your orator such other and further relief as to equity and justice may belong and your orator will pray, and etc. Caldwell for complainant.” ANTHONY vs Caraway, subpoena in Chancery to April 1811: “The Commonwealth of Kentucky to the Sheriff of Logan County: Greeting. We command you to summon Adam Caraway to appear before the Judges of our Logan Circuit Court at the Courthouse in the town of Russelville on the first day of our next April Court to answer a Bill in Chancery exhibited against him by PHILIP ANTHONY; and this he shall no wise omit under the penalty of 100 pounds; and have then and there this writ. Witness Armistead Morehead, Clerk of our said Court at the Courthouse aforesaid, the 23rd day of February 1811, and in the 19th year of the Commonwealth. Armi Morehead.” Outside of envelope says “The defendant no inhabitant of this commonwealth. February 23rd, 1811. S. H. Curd for John Neely.” “I do certify that the bill on which the within subpoena issued is filed in my office. Teste Armi Morehead. From unknown date of Farmer’s Friend, a newspaper of Russelville, KY, a part of the equity case 2-18: “Logan Circuit Set. April Term, 1811. PHILIP ANTHONY, complainant, against Adam Caraway, defendant, in Chancery. This day came the complainant by his counsel, and the defendant not having entered his appearance herein agreeably to law and the rules of the court, and it appearing to the satisfaction of the court that the said defendant is not an inhabitant of this commonwealth. Therefore on the motion of the complainant by his counsel, it is ordered that unless the defendant, appear here on or before the first day of our next July term and answer the complainant’s bill, the same will be taken for concession, and that a copy of this order be forthwith published in the Farmer’s Friend, printed in Russelville, KY, eight weeks successively. A copy, test. Spencer Curd, d. c.” From unknown date of Farmer’s Friend, a newspaper of Russelville, KY, a part of the equity case 2-18: “Mr. Adam Carroway, Sir: Take notice that on the 30th day of September next, I will attend at the house of Elisha Herndon, in the County of Logan, and proceed from thence to the beginning course of a 100 acre survey made in your name, the plat and certificate of which was assigned by you to me, on which a patent was issued; and also to the beginning course of a survey of 150 acres, made in your name, assignee of Elizabeth Frizzle, and on which a patent issued to you, with some surveyor of Logan County, to make a re-survey of said two tracts of land, agreeable to an order of the Logan Circuit Court. PHILIP ANTHONY, August 30th, 1811.” “I do certify that I have published in the Farmer’s Friend the annexed notice to Adam Carroway, four weeks successively, previous to the 30th September last past. October 30th, 1811. M. Duncan, Editor, F.F.” Surveyor’s statement: “Agreeably to an order of the Logan Circuit Court to me directed, I went on the land in controversy by Bill in Chancery depending in the Logan Circuit Court, wherein PHILIP ANTHONY is complainant and Adam Carroway defendant, and surveyed the same as follows, to wit: “The survey represented by dotted lines is the survey of PHILIP ANTHONY, A-B of Adam Carroway’s containing 100 acres by original survey, beginning at 3 post oaks shown as the complainant’s beginning, thence east 80 poles to a post oak South 35E 80 poles to a post oak, N55E 60? poles to a small hickory, 130 poles to the beginning.” “The survey represented by black stroke lines is the survey patented in the name of Adam Carroway A B of Elizabeth Frizzle, containing 150 acres, beginning at a post oak the ?second corner from the beginning of the before mentioned survey and shown as the defendant’s corner, running thence S75E 80 poles, N65E ?110 poles to a post oak, N20W 126 poles to a hickory, N85W 98 poles to a ?water oak, ?360W 58 poles to a post oak, thence to the beginning. Surveyed the 30th day of September, 1811. S. Caldwell, DS for Wm. Reading.” “PHILIP ANTHONY against Adam Carroway, in Chancery. This cause having been heard upon the Bill and and ?exhibits filed. It is ordered and decreed that the complainant’s bill be taken for con____ed and that the complainant ? remove of the defendant all of the land which belongs to the defendant’s 150 acre survey assized? appraised? of Elizabeth Frizzle which was within the complainant’s 100 acre survey as ______ed on the connected plat and that Braedon? Small be appointed a commissioner to convey the aforesaid land from the defendant to the complainant by deed warranting and defining said land from said defendant, his heirs and etc, and all persons claiming by, through or under these, and make report to the next court. Surveyor’s statement: “Agreeably to an order of the Logan Circuit Court to me directed, I went on the land in controversy by Bill in Chancery depending in the Logan Circuit Court, wherein PHILIP ANTHONY is complainant and Adam Carroway defendant, and surveyed the same as follows, to wit: “The survey represented by dotted lines is the survey of PHILIP ANTHONY, A-B of Adam Carroway’s containing 100 acres by original survey, beginning at 3 post oaks shown as the complainant’s beginning, thence east 80 poles to a post oak South 35E 80 poles to a post oak, N55E 60? poles to a small hickory, 130 poles to the beginning.” “The survey represented by black stroke lines is the survey patented in the name of Adam Carroway A B of Elizabeth Frizzle, containing 150 acres, beginning at a post oak the ?second corner from the beginning of the before mentioned survey and shown as the defendant’s corner, running thence S75E 80 poles, N65E ?110 poles to a post oak, N20W 126 poles to a hickory, N85W 98 poles to a ?water oak, ?360W 58 poles to a post oak, thence to the beginning. Surveyed the 30th day of September, 1811. S. Caldwell, DS for Wm. Reading.” PHILLIP ANTHONY To the surveyor of Logan County To actually running 1168 ???? for 3 ?? $3.89 Making 2 plats from field notes 2.00 Laying down interference 1.00 Recording correction 1.4 ½ $7.93 ½ To 2 additional copies required by court 1.00 $8.93 W. M. Reading Filed 16th April, 1812 Submitted by: Nancy Poquette npoq@hotmail.com This file has been created by a form at http://www.genrecords.org/kyfiles/