CIRCUIT COURT: Harper vs Farris, 1867, Fleming Co This is part of a suit that I found at Fleming Co., KY last week. I did not copy the judgement, which contained no additional genealogical information. A sale of the wards undivided 1/9 interest in the land was ordered. ______________________________ Fleming Circuit & County Sct Case #16058 John E. Harper vs/Pet. in Equity Samuel Farris & al Filed 1 Nov 1867 Fleming Circuit Ct. John E. Harper guardian of Nancy E. Harper, Robt W. Harper, Pltff. and Lucien B. Harper vs/ Pet. in Equity Samuel Farris, Levi Farris Harrison Farris, James C. Jackson and Lucinda his wife, late Farris Defts and George Tatman and Polly his wife late Tatman Plaintiff, John E. Harper, states that on the 18th day of September 1856, he intermarried with one Ducinia Farris, by whom he had three children viz: Nancy E. Harper, Robert W. & Lucien B. Harper. That thereafter, to wit: on the 10th day of May 1863 his wife departed this life in the county of Fleming state of Kentucky leaving his aforesaid children, and wards, as her heirs at law. That afterwards to wit: on the 7th day of March 1864, he again intermarried with one Nancy J. Farris, a siter to his former wife - and with whom he is still living in said couny and state. Plaintiff further states that by an order, at the Sept. term 1867, of the Fleming County Ct., he was duly and legally qualified as the guardian of his said children; which order is referred toand a certified copy of which will in due time be filed as part of this petition. Plaintiff states further that the mother of his said wards, was the daughter of one Levi Farris who departed this life intestate, in Fleming County Ky. on the day of July 1866. leaving no widow, but the following children (8 in all, now living, all of whom are grown and at the time of his decease over the age of 26 years, and whose names and residences are as follows: Samuel Farris and John E. Farris who reside in Fleming County Kentucky Lucinda Jackson, late Farris, who intermarried with one James C. Jackson, and who now resides in the county of Boone and state of Ind. Harrison Farris, who resides in Johnson Co. Kansas. Amanda Mitchell, late Farris, who intermarried with, and is now the widow of one Alfred Mitchell, and who resides in Nicholas County Ky. Levi Farris who also resides in Fleming Co., KY Polly Tatman, late Farris, who intermarried with one George Tatman, who reside in Robertson County Kentucky; and Nancy J. late Farris, and now the wife of Plaintiff. He states that said Levi Farris, deceased, was possessed in his own right, at the time of his death, of a tract of land containing about one hundred acres situated in the county of Fleming and State of Ky. on the waters of Fleming Creek worth about $1675- and bounded by the land of Samuel Rhodes on the east by Albert Gray on the west, by Elias Biddle in the North and by that of James Gray on the South. Said decedant possessed a deed for said land, a certified copy of which, will in due time be filed of this petition. Plaintif also further states, that at the August term 1866 (of the Fleming County Ct.) the defendant, Samuel Farris, qualified as Administrator of said decedent, and took out letters of administration. That decedent, left a very small personal estate, but sufficient to discharge his just debts, and funeral expenses, which have since been paid by his Administrator. He further states that Amanda Mitchell, and Nancy J-wife of plaintiff, have since the death of their father sold and disposed of their interest in said land, within brother Samuel and executed a deed of conveyance whin? for the same. No division of said land has ever been made (though he is informed that the other heirs are about to dispose of their interest) and the interest of his wards is the 1/9 of the whole trust, --which descended within from their grandfather,-the decedent. Plaintiff states that he verily believes that a sale of the interest of his said wards in said land will re-?- other benefits, as a division of the same, would render the share of each so small as to be of very little value. Wherefore, he prays for an order of warning against the non-resident defts--James C. Jackson & wife, and Harrison Farris, and for Judgment for sale the? of the undivided interest of his said wards and for all equitable relief in the premises. Thos. L. Given Atty for pltff. I believe the statements contained in the foregoing petition to be true. John E. Harper gdn Sworn to before me by John E. Harper this the 18th day of Oct 1867. Thos L. Givens E. F. C. ______________________________ On cover of suit: Received Nov. 14 1868 of my atty Thos. L. Givens one hundred and Seventy three dollars & forty cents in full of the within principal interest & cost in this case. John E. Harper Fleming Circuit Court John E. Harper gdn &c Plaintiff agast Warning Order Samuel Faris & others Defendants The nonresident defendats James C. Jackson & Lucinda Jackson his wife and Harrison Faris are warned to appear in the Fleming Circuit Court in the first day of its next May term and answer the petition of the Plaintiff John E. Harper guardian and Charles E. Johnson Esqr practising attorney of the court is appointed attorney to defend this action for the said nonresidents. And the said Attorney accepts the appointment. November 1st 1867 Attest John M. Harbeson Clerk Fleming Circuit Court From: "Smith, Elizabeth" 20 Apr 1998