COURT: Damon vs. Jackson, Fleming Co, pt. 1 On December 28, 1862, the deputy sheriff of Fleming Co. sold the half of the mill property belonging to my 3rd great-grandfather, James C. Jackson, at the courthouse door. (See Jackson, James C. to Damon, George E., Sheriff's Deed, Fleming Co., KY Deed Book 36, pg. 1-2, submitted to KYFootsteps on on Mon, 20 Apr 1998.) James felt that the property had been inappropriately and inadequately appraised. The purchase price that was more than 2/3 of the appraised value. If it had brought less than 2/3 of that, James would have had the opportunity to redeem it for the highest price bid. He refused to surrender the property, so Damon sued him. Many people from Fleming & nearby counties are mentioned. Because the suit is so long, I've divided it into parts. This is part 1 (of about 8 or 9 -- I'm still typing!) Surnames mentioned include: BISHOP, BOTTS, DAMON, EMMONS, HARBESON, JACKSON, JONES, MAXEY, SNELLING, and WILLIAMS. Enjoy! Elizabeth Smith esmith@montgomery.k12.ky.us ************************************** PART 1 Fleming County Kentucky Circuit Court Case # 14933 [jacket] Damon George E =Vs= Jackson James C December 1864 ************************************** [back] Geo. E. Damon } Petition Ordinary vs } Transfered to Equity } at March 1864 James C. Jackson Filed 19 th February 1864 Final order December 1864 Cord [attorney] - ------------------ State of Kentucky Fleming Circuit Sct. Geo.E. Damon Plaintiff vs } Petition ordinary James C. Jackson Defendant Plaintiff Geo. E. Damon states that he is the owner and entitled tot he possession of an undifvided half of the land and mill property containing about 8 acres of land together with all the appurtenances including the Saw mill and Steam and water grist mill and residence, stables &c of the so called Jackson mill property on Fleming Creek near the mouth of Poplar Run Branch in Fleming County and bounded by the lands of and as described in the deed (and being the same) from A. D. Bishop to J. C. & A. M. Jackson and of the sheriff therefor by plaintiff under his Execution purchase. And defendant Jackson now holds possession of said premises without right, and has so unlawfully kept plaintiff out of possession of the same and although plaintiff demanded possession thereof repeatedly defendant still refuses to surrender to plaintiff the possession of said premises. Wherefore he prays that Judgment be rendered for the recovery of the said land and premises and for one hundred dollars damages for being kept out of possession and for other proper relief in the premises. Geo. E. Damon Plaintiff ************************************* [back] Damon vs } ptn Jackson To March 1864 6th day - ------------------ [This is a printed certificate with blank spaces completed in script.] The Commonwealth of Kentucky, To the Sheriff of _Fleming_ County, You are commanded to summon _George W. Bishop & Henry Maxey_ to appear before the Fleming Court the _6th_ day of its -present_ term, to testify on behalf of the _Plaintiff_ in an action in said Court between _George E Damon_ Plaintiff, and _James C. Jackson_ Defendant. Witness, John M. HARBESON, Clerk of said Court, this _8th_ day of _March_ 18_64_ John M Harbeson Clerk - ------------------ [Written on back.] Executed on Henry Maxey the 6th of March 1864 by Reading to him this Subpoena Ben Botts SFC Executed on G W Bishop March the 8' 1864 by reading this Spa Ben Botts SfC by Charles Williams Dpt ************************************* [cover] George E Daman vs } answer & cross pt James C Jackson &c Filed 14th March 1864 - ------------------ Fleming Circuit Court 2 paragraph George E Daman plaintiff vs. } Answer of J C Jackson James C Jackson Defendant 2nd The defendant James C Jackson for answer states that he admits that he is in the possession of the land and mill property described in the plaintiffs petition But he denies the plaintiffs right to recover the possession there of because says the said undivided half of said land was levied upon by the Sheriff of Fleming County by virtue of four sveral Executions, which issued from the clerks office of the Fleming Circuit Court, -?- Judgments therin rendered t-?- in favor of David Jones against the said Jackson, one for the $110 with Intrest from the 26th day of December 1862. And $2.25 cost: the other for the sum $90. with Interest fromt he 26th December 1862. And $7.30 cost: Ann one in favor of A D Bishop for $305.62 with Interest from the 1st day of May 1862. And $4.60 cost. Subject to a credit of $7.85 paid December 8th 1863: and one in favor of Emmons & Snelling for $111.22 with Interest from the 2d January 1862. And $10.40 cost Subject to a credit of $65. paid December 22d 1862. Making in all the sum of $400.35 [This is the amount of the sheriff's sale, not the total due on the debts.] all of which will be seen by reference to said Executions made part here of Defendant states that the Deputy Sheriff appointed three apprasers to apprase and value the interest aforesaid in said land and mill property, as reported by him and they valued the said land at the price of $500. Dollars and returned the same, to the clerk's office with said said Executions, which are referred to and made part hereof. He states that the valuation of the land was theus put upon it by the said Appraisors, was not half of its value That they did not know the quantity and quality of the land, and the improvements therein or else he cannot believe that they would ever have put such a value upon it as they did. He states taht there is about 8 acres in the tract and that there is a good water grist & saw mill, and also a good and valuable Steam engin and Machiney attached thereto all in running order the engine of which is worth $1000 itself. He further States that there is two good comfortable dwelling houses and other out buildings in the land and other lasting and valuable improvements together with the mill site mill and improvements, which goes to make it a valuable and desireable property. And he now charges that the whole property is worth the Sum of $2200. his interest being worth the sum of $1100. But not withstanding, the said sheriff, having as he said, levied those Executions on said undivided interest on said land on the 28th day of December 1863, at the Court house door in Flemingsburg sold the same to the highest bidder at the price of $400.35 to William Maxey. And thus the defendant was deprived of the right of redeeming the land by paying the purchase money to the purchaser, it having brought more than two thirds of the apprised value The defendant further states that the levey made by the sheriff was insufficient invalid and void, because it did not describe the leand and improvements attempted to be levied on, the levy does not state the boundary or abuttals of the land, or give it such a description as would enable, the purchaser to know the property value or amount of property he was buying. And further charges that the engine and steam machiney ispersonal property, and does not belong to the realty? so as to authorise the sheriff to levy and sell It with the real Estate. He charges that the appraisers misconceived the value of the property not knowing what was levied on all of them lived some distance fromt he mill, and could not tell its value the levy being so indefinate. He can not believe that they intended to include the engine in the valuation. And the said Damand having purchased of said Maxey as he now states, is attempting to dispossess him by the action under such a purchase, being invalid and void He further charges that at the time when the ptff purchased the land of said Maxey, It was in the -?- possession of this defendant holding and claiming it as his own, and was a champertus? and void contract upon which he pleads and -?-s a ground of defense. He therefore denies that the plaintiff Daman has any valid or legal or Equitable title to the land in contest. as to authorise a Judgement against him. He states that if the land had been properly valued and its true estimate made he could have redeemed the land, and thus been restored to his original rights in the land. But the defendant [this should read plaintiff] Daman seeking to harrass and oppress him under his purchase fromsaid Maxey, is now endeavoring to defraud him of his rights and turn him out of the possession of the premises, to which this defendant beliees he and avers he is in Equity entitled. And said Daman has been Boasting that he had made $1000. by the transaction Thus showing that he knew that the land was valued by teh appraisers far below its real value. He farther states that the appraisers were not in the premises at the time of the appraisement, and they had never made any exeamenation of the property as to its value, and had no proof before them of the value and could not in this way make an estimate of the value of the property. He further states that the Sherif was not at his home or on the premises when the levy was made, and this defendant did not know that it was levied on till some days afterthe levey was made that the deputy sheriff Williams did not let him know, when the levey was made and the way he found it out, was that he saw an advertisment of the sale posted up, some time before the sale. and some days before the sale he was injured or Cripled by the fall of a log of wood and was unable to attend the sale. and he wrote to the said sheriff of his condition. and he has thus been through the mismanagement of the said deputy sheriff and the under valuation of the appraisers deprived of redeeming the said property, to say nothing about the invalidity of the levey and sale of the property He makes this his answer a cross petion -?- against George E Daman Wm Maxey David Jones Emmons and Snelling and A D Bishop and prays that they be made defendants thereto. and that they be compelled to answer the allegations there of fully, and he moves the Court to transfer the cause to the Equity side of the Docket and that such proceedings be had as the Equity of his Case demands, and as a final trial he prays that the levey and sale made by said Deputy Sheriff be granted and set aside And the deed from Maxey to George E Daman if he have any, be canselled and held for naught, or that this defendant be allowed to redeem the land within the year. as he is willing to do and pay to the purchaser his debt interest and cost. He does not desire to take any advantage of any of the parties in this action, but only to be restored to such rights as the law guarantees to him. and he prays for all such other and further relief as to Equity and -?- -?- -?-, and as duty? bund? -?- pray. Jas. C. Jackson The defendant states that he believes the statements made in the foregoing answer and cross petition are true. Jas. C. Jackson Sworn to me by James C Jackson this the 12th March 1864. L B Cox PJFcc From: "Smith, Elizabeth" Date: 8 Jun 1998