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!) 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 =+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+= PART 2 Fleming County Kentucky Circuit Court Case # 14933 Damon George E =Vs= Jackson James C ************************************** [back] Damon vs. } Demurrer to x petetion Jackson filed 15th March 1864 - ------------------ Geo.~ Damon, Pltff vs } Demurrer to ansr of Jackson James C Jackson Defdt Plaintiff _demures_ to the 2nd paragraph of the answer of defendant Jackson because it does not state facts sufficient to bar _his_ action _for_ the recovery of the possession of _said_ land under his execution purchase, and sheriff's deed therefor. Geo. Damon Plaintiff [I have to confess that I was not familiar with the terms demure or demurrer, so I looked them up. I found: "In law, a stop at some point in the pleadings, and a resting of the decision of the cause on that point; an issue on matter of law. A demurrer confesses the fact or facts to be true, but denies the sufficiency of the facts in point of law to support the claim or defense. A demurrer may be tendered to the declaration, to the plea, to the replication, to the rejoinder, &c." (Webster's 1828 Dictionary )] ************************************** [back] Damon vs. } order apt Receiver &c Jackson Filed 15th March 1864 O.B. 32 page 142 - ------------------ State of Ky George E Damon Fleming Cir Ct st vs March term James C Jackson 1864 And by the Consent of the parties it is further agreed that Ben Botts as sheriff as receiver be and he is hereby authorized to rent the undivided half of the mills & premises in this suit upon the best terms he can quarterly and to take bonds for the rent with approved security payable to himself- as receiver herin at the expiration of each quarter, having the force & effect of a replevin bond, upon which fifa may issue at maturity if not paid, and to report his proceedings herein he to have a writ of possession as receiver to put his tenant or lessee into possession to be issued by clerk if required by him for executing this order, [REPLEVIN: Repossession. Action taken by a creditor to seize assets of a debtor. (Court TV Law Center-Glossary of Legal Terms ) Any guesses as to what "fifa" means?] ************************************** [back] George E. Damon vs } Amd ans & cross Petition James C. Jackson Filed 15th March 1864 Cox & Phister [attorneys] - ------------------ Fleming Circuit Court George E. Damon vs. } Amended answer and Cross Petition James C. Jackson The Defendant for further answer states the appraisers appointed to value the property sued for were not acquainted with the value - that they did not examine it and inform themselves of its -value- and that they appraised it before the sale under the executin referred to in his former answer, without a proper acquaintance with or information as to its value. They appraised the undivided one half of said property belonging to this Defendant, at a grossly inadequate sum as stated in his former answer. The deft was not aware that they were appointed appraisers or who was appointed - - He was not and could not be present at the sale, because he was injured or crippled as stated in his former answer so as to be unable to attend of which the shff was informed; and yet went on with the sale - & the property was appraised on the day of sale in the absence of this Deft, without his knowledge, without an examination of or proper information as to the value of the property. It was made here at teh County seat some 8 miles from the property by men promiscuously collected at the time - and thus his rights were disregarded and injured. He states that by reason of the circumstances, his crippled condition, the conduct of the appraisers and the sheriff aforesaid, the said property of Deft was sold for a grossly inadiquate consideration - It was worth almost three tiems what it sold for - and thus it was sacrificid - and the appraisement and sale after it, was so made that he was cut out of his statutery right of redemption. The property sold for more than two thirds of the appraisement as stated in his answer, to which this is an amendment. He believes and charges that these proceedings were wrong and unjust to him, and constitute such -?- and injustice as in law amounts to a fraud upon his rights, and therefore he proays for the equitable interpisition? of the chanceller - that he may have the right to redeem said property - on equitable principles - and that it may be sold again to pay the executions and for such general and Special relief as to Equity - belongs? & his case may require - He states further that there was & is confusion and uncertainty as to whether the Engine & machinery was considered by teh appraisers in valuing the property - and yet the Plaintiff is claiming them under his purchase as having -?ed by the sale. He believes that gross injustice was done him in this particular and he prays as aforesaid - and moves? that the cause be transferred to Equity. He makes this as an amendment to the 2nd paragraph of his original answer & prays &c as aforesaid Cox & Phister } for Report? } James C. Jackson says he believes the statements of the foregoing answer & x Petition are true. Jas. C. Jackson sworn to before me } this 15th March } 1864 by Jas. C. Jackson } John M. Harbeson Clerk ************************************* [back] Geo. W. Damon vs. } Demr To amend. answer James C. Jackson Filed 15th March 1864 - ------------------ Fleming Circuit Court Geo. W. Damon pltff. against } Desnr to amended ansr. & cross petition James C. Jackson deft The plaintiff comes and demures to the ptffs amended answer and cross petition and for demurrer says that the matter and things stated in said amended answer and cross petition are not sufficient in law to sustain the equitable cognizance and to require that this cause be transferred to equity-and Because the matter and things therin contained are not sufficient in law to bar the ptffs action -?- and he is not bound to answer the same- Cord & Cox atty for ptff ************************************* [back] Geo. Damons vs. } Reply of Plaintiff to defendants cross petition. James Jackson Filed 20th April 1864 - ------------------ George E. Damon Plaintiff vs. } Reply of plaintiff to ans x petion of Jackson James C. Jackson Defendant Plaintiff for answer & Reply to the answer & cross petition of defendant James C. Jackson _denies_ that the said land & mill property was _not_ fairly duly, & legally appraised and, _he avers_ that the same _was_ fairly, _legally_ & regularly appraised and within the range of the general estimated value and reasonable fair value thereof as rated by defendant Jackson himself and in all of the several recent sales made of the other _undivided_ interest or half of said property. The property has gone to waste, is greatly dilapidated and was so, at _the time_ of the said execution sale & purchase by plaintiff- nor is the engine alone worth the sum of $1000. half or one third of that sum - and it will take a large sum of money to put said Engine & mill in running order to do Country work requiring a _large out lay_ of money to so _repair_ it. And, plaintiff _denies_ that the whole of said property was or is the said property worth $2200.00/100 or half that sum nor was the said interest of Jackson worth the said sum of $1100.00/00 or half that sum even at any time. Plaintiff _denies_ that said levy was insufficient in value and void because it did not describe the land, & improvements, attempted to be levied on, & c. And, _avers_, that the _levy was ample_ and sufficient and embraced _all_ the _interest_ of said Jackson in the said land, mills, & premises and the same was well known and understood by the sheriff, appraisers, bidders & plaintiff as purchaser, and fully & amply described inthe sheriffs return which with the Judgements executions & returns are made part hereof as "A" & the sheriff's deed made part hereof as "B", are all refered to & _plead in bar_, as to any relief as claimed by defendant Jackson. Plaintiff _denies_ that said appraisers _misconceived_ the value of the property not _knowing_ what was _levied upon", and Pltff. _avers_ that the appraisers _knew_ the property well, and well understood what he was doing, and, plaintiff _denies_ that his purchase is invalid or void. Plaintiff denies that there was any _adverse_ possession or champerty in the said execution sale as made & transfer & deed to him, all being regularly made pursuant to law, and by virtue of executions against him the defendant. And plaintiff _avers_ that, he acquired a full complete title under said sale. And defendant [should be plaintiff] denies that the equity side of _this_ Court has any Jurisdiction int he premises and further denies that there was any fraud practiced in any way, or any intended, or any mistake even in the premises, nor, did the plaintiff seek to _harrass_ and _oppress_ defendant inany way, and he denies that he has been boasting that he had made $1000. by said transaction, or boasting at all in any such way, nor was the premises valued for below its _value_. The plaintiff _denies_ that there was any _improper_ levy, by the sheriff (williams) or any ground for Complaint by defendant for the slaes and postponed from "time to time," at his instance, "until forbearance ceased to be a virtue & defendant was _grossly negligent_, in doing anything or making any effort to pay off said executions and is not now entitled to the relief he claims by his said _cross_ pertition. And further Replying to defendants answer plaintif says, he denies that the appraisers were not acquainted with the value of said property- or that they did not know, & inform themselves of _its_ value, and did not have proper acquaintance with, or information as to _its_ value, nor, was _it appraised_ at a _Grossly_ inadequate price, but it was fairly & duly _appraised_ & with _full knowledge_, and plaintiff, denies that the defendants rights were disregarded or injured in the premises, or, that the same was sold for a grossly inadequate Consideration, nor was the said property sacraficed. nor were the proceedings either wrong or unjust to defendant or so much so, as _to Constitute_ real injustice, or any such injustice, as in law amounts to a _fraud_ at all upon _his_ rights, and therefore the defendant has no equitable ground to any relief as claimed Plaintiff denies that there was, & is any confusion _or_ uncertainty whatever as to whether the engine & machnery were considered by the appraisers they were fixtures & had been for many years duly fastened - the Boiler in a Brick furnace & Engine such as it is permanently fastened & attached to the realty. and the Court will hardly presume that the appraisers were such Consummate fools, they did not know under oath what they were appraising & also what was its fair current value where situated in view of _its_ locality, source of profit, _then_ condition, &c and avers that all these facts are _well known_, & understood. whereupon, he prays Judgment in _bar_ of said cross petition and for such relief upon his original petition as claimed therein, & general relief. Geo Damon Plaintiff. I _believe_ the Statements in the foregoing answer to be true. Geo. Damon Sworn to in due form of law, before me by Geo. Damon this [left blank] day of [left blank] 1864 =+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+= PART 3 Fleming County Kentucky Circuit Court Case # 14933 Damon George E =Vs= Jackson James C ************************************** [back] Geo. Damon vs. } cross petition, vs Damon & Jackson James Jackson Filed 20th April 1864 Cord [attorney] - ------------------ Geo. Damon, Plaintiff vs } ans & x petn. of D Jones to x petn of Jackson James C. Jackson, Defendants Defendant David Jones for answer & x petition &c in answer to x petition of Jackson says that if it be proper to set the said sale aside then a resale should enure? to his benefit to the extent of the balance on his said execution, not raised by said sale for his said execution which so inued? and came to the said sheriffs hands for said sum of $ [left blank] with int. from the day of [left blank] 18 [left blank] until paid, & $ [left blank] costs so levied upon said premises and _not_ satisfied by said sale, but yet unpaid & returned "_No property found_" as to and if proper to set the said sale aside then he has a _prior lien_ & equity arising for his execution lien so improperly quieted and a right in equity, upon _his_ said return of no property aforesaid to _attach_ & subject said _equitable_ interest of Jackson in the premises as claimed to the extent that may be necessary to discharge his said debt, int & costs, therefore, _he_ makes this a cross petition against the said Plaintiff Geo. Damon, & defendant James Jackson, and demands that Summons issue endorsed with the object and payer of this cross petition or that it be taken as an original with like relief in the premises David Jones W. H. Cord States that he is the agent & atty of atty of David Jones above named that he is absent from & nonresident of Fleming County & States that he believes the Statements set forth in the foregoing Answer and Cross petition to be true. W. H. Cord Sworn to, before me, by W. H. Cord in due form of law this the [left blank] day of [left blank] 1864. ************************************** [back] Geo. E. Damon vs } spa. James C. Jackson To 2nd day of Augh 1864 come to hand July 30 th /64 Executed same day W.P. Robinson CMC - ------------------ The Commonwealth of Kentucky To the Sheriff or any Constable of Mason County. You are hereby commanded to summons Thomas Berz? to appear before me at my office on the 2nd day of August 1864 in the town of Fleminsburg, Ky to give his deposition in a certain action now pending in the Fleming Circuit Court between George E. Damon plaintiff and James C Jackson deft. Given under my hand this the 28" day of July 1864 Thos. St. Given Examiner Fleming County ************************************** [back] Geoge E. Damon vs } spa. James C. Jackson To 2nd day of Augt 1864 - ------------------ The Commonwealth of Kentucky To the Sheriff or any Constable of Nicholas County. You are hereby commanded to summon David Willson, Nathan Tucker, and James McCabe to appear before me in my office in the town of Flemingsburg Ky. on th 2nd day of August 1864 to give their depositions in a certain action now pending in the Fleming Circuit Court between George E. Damon plaintiff and James C. Jackson defendant Given under my hand this 28" day of July 1864. Thos. P. S. Given Examiner of $ Fleming County - ------------------ [on back] Executed on Nathaniel Tucker the 30 day of July 1864 on David Wilson & James Mc a bee the 1 day of August 1864 J S Hamilton CNC ************************************** [back] Geo. E. Damon vs } spa. James C. Jackson To 3rd day of Augt 1864 - ------------------ The Commonwealth of Kentucky To the Sheriff or any Constable of Fleming County. You are hereby commanded to summon H. C. Sousley, C. G. Nute, Joseph Jackson, Elihugh Price and James T. Johnson to appear before me in my office in the town of Flemingsburg Ky. on th 3rd day of August 1864 to give their depositions in a certain action now pending in the Fleming Circuit Court between Geo. E. Damon plaintiff and James C. Jackson defendant Given under my hand this 28" day of July 1864. Thos. P. S. Given Examiner of $ Fleming County - ------------------ [on back] Executed on C.G. Nute & H C Sously J T Johnson Joseph Jackson & Ellihue Price not found This 2nd August 1864 D W McIntyre CfC ************************************** [back] George E. Damon vs. } Deposition of Chas. W. Williams James C. Jackson et al Filed 4th August 1864 14933 cost $1.05 - ------------------ The deposition of Charles W. Williams taken (by consent of parties) at the Examiners office in the town of Flemingsburg Ky. on the 2nd day of August 1864 to be read as evidence in behalf of the plaintiff in an action now pending in the Fleming Circuit Court, wherein George E. Damon is plaintiff and James C Jackson and others are defendants. Deponent being of lawful age, and first duly sworn, deposeth and saith: Question 1. Were you the duputy Sheriff who made _the_ execution _Sale_ of _the_ land of mill tract of defendant James C. Jackson if so state how often the defendant Jackson had _post_ poned _the_ Sale & his reasons for delaying it. whether you had it appraised & by whom and was it regularly & duly done, who bid for it, and how was the _sale_ made, State _the facts_ fully how how advertised & when so when sold price? Answer. I was the Deputy Sheriff who made sale of the land and mill tract of the defendant James C Jackson. I do not remember exactly, but it was postponed some four or five times if not more, and he always told me that his reasons for postponing the sale was to get the money to try to pay off the debts. I had it regularly appraised by John J Allen, Michael Hendrick, and Elbridge Bell and? the same was duly done. When I say theat he postponed the sale, I mean that he Jackson got the Attys. for the plaintiff to have it done. I made the sale by putting the property up at the Court House Door in Flemingsburg on a County Court Day, to the highest bidder and it was bid for by George E Damon, and Thos W. Maxey and Maxey being the highest and best bidder became the purchaser at $400.35 which was insufficient to pay the amount of the four executions levied. Before the sale I advertised it for more than twenty days by posting the advertisements at the Court House Door and at three other of the most public places in the neighborhood of the property. Quest. 1 Cross examined by deffts counsel was the defendant Jackson at home when you made the levy and how long after wards before you informed him of the levey, State the time and place, where the levey was made Ans. The defnt. Jackson was not at home when I made the leavy. I made the leavy in the month of Sept. or Oct 1862 but I do not now remember which. I made the leavy on the day that Alfred Mitchel was brought home a corpse. When I made the leavy I told Mr Jacksons son to tell his father that I had that day levied the execution on his (J. C. Jacksons) interest in the mill for Mr. Jackson's wife was not at home at the time, and I met her going away with the corpse. I was directed to [Alfred Mitchell was the brother of James C. Jackson's first wife, Anna Mitchell. He married 1) Susan Neal on 18 Jan 1843 in Nicholas Co., KY. He married 2) Amanda Farris on 26 Dec 1850. She was the sister of James C. Jackson's second wife Lucinda Farris. Alfred Mitchell, his brothers Alvin and Hiram, and his nephew (sons of Anna and James C.), John Kirk Jackson, joined Company K of the 7th Kentucky Cavalry (Union) during the Civil War. Alfred Mitchell was killed in the war. Another brother of Alfred, James Alexander, is said to have fought on the Confederate side, so their families became bitter enemies. It was James C. Jackson's second wife, Lucinda was going away with the corpse when the sheriff met her.] Quest 2: State where the appraisers were appointed to value the land, where and when did the valuation take place was there any examination of the land and premises made by the appraisers before or at the time of thier valuation Ans. They were appointed to appraise the property here in Flemingsburg, and did so on the day the sale was made. There was no examintation made of the property, [scratched out - "but they all tole me they were well acquainted with it and could make it without"] but I appointed them to make the appraisement because I thought they knew the property well enough to do it. The appraisement was made on the day that I made the sale, and I think it was done just before the sale was made Ques 3 Do you know whether Mr. Jackson (the deft.) was present on the day of sale, & was he present when the valuation was made If he was not present State where he was and the reason why he was not in attendance. Ans. Mr. Jackson was not present when the valuation and sale took place. I reced. a letter directed to S. M. Cox, W. H. Cord or myself - on the day of sale which had been written by Mr Jackson (and directed as above) stating that he had been crippled, could not be in attendance, and wished the sale postponed. Quest 4 Did you -?- [smudged] the levy on the day you went to defts. to make it, or did you endorce it on Some subsequent day. also State how far did the Appraisers reside from the premises. Ans. I endorsed the leavy on some subsequent day. I suppose that John Allen resided about 4 miles and Michael Headrick about the same distance: and I suppose that Elbridge Bell resided about 3 miles. And further saith not Charles Williams =+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+= PART 4 =+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+= Surnames mentioned: BISHOP, CORD, COX, DAMON, DUVALL, GIVEN, HINTON, JACKSON, MITCHELL, OVERLY, PRICE, NUTE, WALLINGFORD Fleming County Kentucky Circuit Court Case # 14933 Damon George E =Vs= Jackson James C ************************************** [back] George E. Damon vs. } Depositions of Chas. G. Nute & Joseph Jackson James C. Jackson et.al. Filed 4th August 1864 Cost $4.05 - ------------------ The deposition of Charles G. Nute taken (by consent of parties) at the Examiners office in the town of Flemingsburg Ky. on the 3rd day of August 1864 to be read as evidence in behalf of the defendants in an action now pending in the Fleming Circuit Court, wherein George E. Damon is plaintiff and James C. Jackson & others are defendants Deponent being of lawful age, and first duly sworn deposeth and saith: Quest 1 State your Occupation residence and whether you are acquaintd with the Land and premises formerly owned by the defendant James C Jackson [about 4 illegible words interlined here] how long you have known it, what distance you reside from the property, and all you may know, as to the improvements on said land. what was it worth in the latter part of the year 1863 including the Mill, Engine & Boiler Please State fully upon this subject Ans: I am a carpenter and Cabinet maker by trade and reside in the town of Elizaville Fleming County Ky. I am acquainted with the premises formerly owned by James C. Jackson, called the mill property and have known it since the year 1839 according to my best recollection. I reside between 2 and 3 miles from the property. There is a store-house, now occupied and has been for some time as a dwelling-house, also a stable, which I think is but temporary: also another house occupied a dwelling house and a sw-mill, and a steam and water grist-mill upon the land and premises. I think the entire property was worth, in the latter part of the year 1863 in the neighborhood of $2000.00/100 . When the engine was first-put in the mill it cost from $1700 to $1900 but since then the Boiler has been taken out and a new one put in. The two first-boilers, which were taken out were cylinder boilers, and there was one new flue-boiler placed in their stead about 7 years ago. cross examined by Pltff Ques Do you Know any thing of the failure of H W. Hinton who put the improvements there & run a Store - whether & when he failed - who succeeded him & at what price with farm included what Sales & at what prices the property rated at in each sale since what the reputation of the mill & _its_ condition _when_ the Execution Sale was made. What walls & portion of the mill had fallen in or about to fall. Answer. I know of the failure of H. W. Hinton who put the improvements upon the premises and had a store then; at least he was in partnership with Marquis Duvall in the Store. Mr. Hinton failed then in business aobut the year 1841 or 42. He was succeeded by Messrs. Bishop & Overly but I do not know at what price as I removed from there to Flemingsburg -?- the beginning of the year 1842. The property was sold by Bishop & Overly to John Bishop, by him to Alex. Bishop and by him to Jackson & Son, but I do not know at what price either sale was made. The property was also sold, afterwards, by Jackson & Son to Jackson & Mitchell and by them back to Jackson & Son again but I do not know at what price either of these sales was made--I may have heard but do not recollect, as I paid no attention to them. The reputation of the mill at the time of the Execution-sale was not very good, and as to its condition, I cannot say for I have not been through it for about 10 years. Ques 2 Has not the many Turnpike Roads in the County & those leading to Maysville & Flemingsburg, Changed the deteriorated mill property in value & especially the Jackson mill property in Contest in this suit & destroyed it as a place to sell goods, or for business to keep up a mill with a good run of business Answer. I think it has some, as to the mill, but not as to the store. Ques Is a store kept there at present & how long since any was kept there? Ans. No, there is no store there now, nor has not been for 10 or 12 years. And further saith not. Chas. G. Nute Also the deposition of Joseph Jackson taken at the same time & place and for same purpose on behalf of defendant Witness being first duly sworn deposeth & Sait. Ques 1 by Defendant. State if you are acquainted with the mill property & land in contest, if so plase state what you may know about the value of the property About the latter part of the year 1863. also State the description of the Steam engine & Boiler in said mill State their size, length &c of the Boiler & its weight, and state the value of the engine in December 1863, at time of the execution sale state your business or occupation, & your experience if any in running Steam mills. Ans. I know the land and mill property in controvercy but I do not know much about the land. The engine and boiler were worth about the latter part of the year 1863, the price of $1200~and I would think that the wole of the property at the time was worth $1300~ I do not know the length of the boiler but would think it from 20 to 30 feet in length, and between 40 & 48 inches in diameter and would weigh from 8000 to 9000 pounds. My occupation is that of running a "Portable Circular Steam Saw Mill and have been in [A portion of this page has been torn away, by a vandal who, many years ago, removed stamps from the back of this document and from many other of the Fleming County documents.] the business since Se [missing] out 20 years since I am an eng [missing] n by the name of Carpenter for about [missing] ts. I am acquainted with the [missing] f these portable mills and know that they have greatly advanced within the last four years, but do not know the price of those stationary ones. Portable engines, such as 3 years ago could cost $1200-being a fifteen horse power would now cost $2500~ Do you know when the Boiler in the mill in contest was bought & put in the mill, or in other words how long has it been in use. Ans. I think it was taken there in the year 1855 or 57 and put in the mill Do you know the original cost of the engine & Boiler in contest, & what would they have cost about the time of the Execution Sale, if new- Ans. I do not know what they cost but would suppose they would cost about $1500. And further saith not. Joseph Jackson State of Kentucky Fleming County - } Sct. I Thos. S. Given examiner for Fleming county do certify that the foregoing depositions of Charles G. Nute and Joseph Jackson were taken before me and were and were read to and subscribed by them in my presence at the time, and place, and in the action mentioned in the caption; the said Nute and Jackson having been first sworn by me, that the evidence they should give in the action should be the truth, the whole truth, and nothing but the truth, and their statements reduced to writing by me in their presence; the plaintiff being present by W. H. Cord his Atty. and the defendant James C. Jackson, - being present both in person and by S. B. Cox his Atty. at the examination. Given under my hand this the 3rd day of Aut. 1864. Thos. LeGilven Examiner Examiner's Fee $2. [rest missing - stamp removed] Gov. Stamp on Certificate [amount missing - stamp removed] Issuing 8 spas. [amount missing - stamp removed] Serving 7 " .70 C. G. Nute Witness Fee 50 & Tolle? 20 .70 Jos Jackson 1 Do " 50 & " 20 .70 _____ Chgd to J. C. Jackson - - $4.95 ************************************** [back] 14933 George E. Damon as. } Depositions for Defendant James C. Jackson Filed 6th August 1864 - ------------------ The deposition of Elihue Price taken at the Office of L. B. Cox in the Town of Flemingsburg on the 5th day of August 1864 by consent of parties to be read as evidence in an action in Equity in the Fleming Circuit betetween George E Daman plaintiff and James C Jackson Defendant The deponent being of lawful age, and first duly sworn, deposeth and saith. Qust 1 State your age and Occupation and place of Residence. Are you acquanted with the land and premises in contest, know now as the Jackson Mill property, how long have you known it, what distance do you live from it: what was the reasonable value of the mill and premises about the time of the Execution Sale last December 1863. --Answer-- my age is 54 years, my occupation is that of Farmer and my residence is in Fleming County, Ky. I am well acquainted with the property and have known it a long time. I reside within three miles of it. I think the property worth Sixteen hundred dollars, I think it one of the best localities in the state that I know of for a mill. cross examined What is your trade or occupation, In what repair was _the_ Engine, _mill_, building, & machinery _in Nov._ 1863. How old _is_ the Engine how long before 1837 was it put in the mill by H. W. Hinton. Answer - I am a farmer, the machinery appeared like it was in tollerable repair, the mill building was somewhat out of repair, also the saw mill was not in good repair, dont know the age of the engine, but it was put in the mill before the year 1840, _Ques 2_ Did H. W. Hinton fail in business at the mill, if So what year? Do you _know_ at what price Defendant Jackson purchased the mill & _when_. was it in as general good repair last november as when he purchased from Bishop. what repairs will be necessary before winter or water power comes again in November to the Grist & Saw mill forebays, dam, & c, and actually necessary to _preserve_ it And do you know the different sales made of _this_ property _since_ Hinton's Sale & prices at which the mill property sold by itself & the farm by itself & both when sold or offered together at any time _Answer_. H. W. Hinton sold out and left there but I know nothing about his failure, I was there at the sale and the property was knocked off to him (Jackson) the price and time of sale I do not remember, I think it was except the sawmill, I dont think I can tell what repairs will be necessary or any thing about it, I know of no other sale since the sale made by Hinton to the Bishops except the purchase sale to Jackson and the sale made by the sherriff at the court house. I know nothing aobut the prices that either sold for, and further saith not. Elihu Price State of Kentucky Fleming County "sct" I Hiram Wallingford Examiner for Fleming County do certify that the foregoing deposition of Elihu Price was taken before me, and was read to and subscribed by him in my presence, at the time and place and in the action mentioned in the caption, the said Price having been first sworn by me that the evidence he should give in the action should be the truth the whole truth and nothing but the truth, and this statements reduced to writing by me in his presence. Wm. H. Cord attorney for Plaintiff and L. B. Cox, attorney for defendant alone being present at the examination. Given under my hand this 5th day of August 1864. Hiram Wallingford "Examiner" =+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+= part 5 =+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+= Fleming County Kentucky Circuit Court Case # 14933 Damon George E =Vs= Jackson James C ************************************** [back] George E. Damon vs. } Depositions of H. C. Sousley, Geo. W. Bishop & R. C. Sousley James C. Jackson et.al. Filed 8th August 1864 Cost $5.05 - ------------------ The deposition of H. C. Sousley taken (by consent of parties) at the Examiner's office in the town of Flemingsburg Ky on the 3rd day of Augt 1864 to be read as evidence in behalf of plaintiff in an action now pending in the Fleming Circuit Court wherein George E. Damon is plaintiff and James C. Jackson & others are defendants. Deponent being of lawful age, and first-duly sworn deposeth, and saith: Ques. What is your age & how long hav you known the Jackson mill property in contest in this suit. If you were at any time entreated to buy this property by itself or with the farm by its _then_ owner, or agents state all the particulars, the value placed upon it, the date & your then estimate of the same in view of its locality, business & store if any, at the time & condition & the various sales made of it since, & prices at which it was done, Its condition as to walls & _need_ of repairs last Nov. and reputation for doing good work & the number of days per week of its average running last year & year before by steam? Answer I am in my 58th year, and have known the Jackson Mill property since I have known any thing. I was solicited by the Bishops to buy that property before they sold the same to Howe at the price of $4000~ cash. I had a debt at that time against John Bishop, who was as I understood interested in the property, and they offered to sell the property to me at the price above stated, and take the debt out of the amt. but after riding over it I declined purchasing. When I say the property, I mean both the mill and farm. Then after they had sold the farm to Howe, they offered me the mill at the price of $1000.00/100. As to the condition of it since then I know but little about it, but at the time it was offered to me at $1000~ I did not think there was any money in it. I know nothing myself of the sales made since, or the prices at which it was sold. As to the condition of the mill last Nov. I am not able to say, as I know nothing about it. The mill had not a good reputation for doing work. I went to mill occasionally last year and year before but as to the number of days it run in the week cannot say. Quest 2. Do you know of the estimate placed upon this property by defendant Jackson himself or of any authority to any one to make a sale or propose a sale to any one & at a fixed price. If so, to what at what price upon what payments & _when _ & through whom? Answer. The deft. James C. Jackson, about one year ago requested me to see Mr. Damon - (the pltff) - and to sell the property to him - if I recollect right - at the price of $140 - or $1500 in payments: in three payments, according to my best recollection. Ques. Will you answer the interrogations as porpounded to Charles G. Nute on cross examination. Answer. Hinton & Duvall run the store in co-partnership but Hinton put the Engine in the mill, and Duvall had no interest in the mill. I know that Hinton failed in or about the year 1842, and the whole property including the mill and farm passed into the hands of the Bishops except a portion of the land purchased by a man by the name of Scott. After the sale to Bishops & Scott the property passed into the hands of others but I do not know at what price. Ques. Did you at the instance of defendant James C. Jackson since Damons execution purchase make any proposition for compromise or _additional_ sum to be _paid_ by Damon to Jackson if so, what was said & done by either Jackson or Damon so far as you or bean? about the subject. Answer: Mr. Jackson requested me to see Mr Damon for him, since the execution sale and told me that if Damon would give him a horse and $150 in money he would surrender up the possession to him, and make him a little for the property. With this instruction from Mr. Jackson I went to Mr. Damon to make the compromise, and Damon would not talk with me upon the subject, and commenced cursing the mill Qustean by defts caunsel Qust 1 Have you a sufficient knowledge of mill property & the engine Boiler, and Apperatus, to give the saleable value, ifso state the value of the Boiler and engine in the mill in controversey, about the time of the Execution Sale last December. Ans. I have not a sufficient knowledge of such property to give its value. Qust 2d When Jackson requested you to see Dayman, to make a compromise, Did he not do so in order to have the matter a Justed without a lawsuit, and not as fixing any value on the property Ans. It was my understanding that he did it to save a lawsuit, as he did not wish to have one. Qust 3 Did or not Jackson, contend all the time that the property was appraised & sold too low. State whether the mill is situate in good locality for a mill- Ans. He did for he said it was too low. I think the mill is situated in a good locality = The seat is a very good one, and the neighborhood is also. And further saith not H C Sousley Also the deposition of Geo. W. Bishop taken at the same time and place, and for the same purpose, who being of lawful age, and first duly sworn, deposeth and saith: Ques 1. By plaintiff will you read and answer the same interrogatories propounded to & answered by the witness H. C. Sousely on behalf of Plaintiff & answer as fully as you can and stating any other like facts or circulmstances connected with thesame or that you may know Ans. --- My age is 56 past - in my 57th year and have known the mill-property in contest ever since I was old enough to go to mill. The first of my knowledge of the sale of the property was about from 1840 1842. I was at that time security for Mr. Hinton and assisted him in making the sale to my brother in order to save the debt for which was security, and as well as I recollect the sale included the mill with about 228 acres of land at the price of $4000~ and as well as I remember it was all assumed and considered as cash. My brother was then in partnership with Henry Overly and in some few years afterwards, the whole property was again valued at the same price, as well as I now remember, and my brother bought out Overley's half at the price of $2000~ Then some time after that my two brothers and I were called upon to value it again and we did so at the same price between our brothers and my brother John-the former owner-then took my brother A. D. Bishop in partnership with him. Then some few years afterwards we were called upon to value it again between our brothers and we did so at the same price and A. D. sold out to John Bishop, and removed to the town of Carlisle, and resided for some time but being security for brother John on a debt to Dr Soury? he was compelled to purchase the property back again as John could not pay the debt without selling the entire property. Then we three brothers R. M. Henry, and myself, to know or determine what price he should pay brother John for it, again valued the property at $4000- In the mean time I had a trade on hand to sell the property to H. C. Sousley but failed to do so, and my brothers took it at the price of $4000~ I afterwards as the agent of my brother divided the property and sold the farm to David Howe at the price of $4000~ in four payments. Howe being unable to pay for it I had to take it back again-offered it to him at $3000 ~ but he would not take it. I then offered the mill to a Mr Tucker, (on the day before deft. Jackson bought it.) at $1000- and he offered me only $800. which I would not take for I valued it at $1000~ My brothers and I, as the agent for my brother- then put the mill up at public vendue, and the deft. James C. Jackson became the purchaser at the price of $1201~ in three payments. The sale was made about 6 years ago. In Nov. last the mill was very low down in point of credit, very much out of repair, and done but very little business. ans to 2nd interragatory Previous to the sale of the property under execution and afterwards Mr. Jackson told me himself that he offered to sell the mill to Mr Damon at the price of $1400 in three payments, and also that he would take $1255 cash in hand for the whole mill property, or the half of that amount for his half of the property. After the execution sale he requested me to go and see Mr Damon and tell him that he would take $150 as a compromise for he did not want to have a law-suit about it Ques. 3. Will you read & answer the 1st Cross interragatory propounded to Chas Nute by Pltff Damon Ans. I think H. W. Hinton failed in 1842 or about that time, and he put all the original improvements in the mill and premises, but Mr Jackson has kept up the improvements --such as they were--since he has been there. Cross examined by defendants caunsel Quest. 1 Are you aquainted with Steam mill machines such as engines Boiler &c--if so pease state the value of the engine and Boiler in the mill exclusive of the land what was the land worth -?- -?- in 1842 at time of the first sale spoken of by you. Ans: I am pretty well acquainted with that engine & boiler for I have had a great deal to do with them previous to the time that Jackson got them. I do not think that they could have both been sold at the time of the execution sale last Nov for $500~ My brothers and I valued the farm in 1842 at a price of $3000. Quest 2d Please give the dimentions of the Boiler length and weight--also state the power of the engine. what was the eight acres belonging to the mill tract worth per acre last December at the time of the execution sale- Ans. The boiler is 26 foot in length, of a three foot stridle, but I do not recollect the weight of it, but it is quite a large double flue-boiler. I do not recollect the power of the engine. I did not consider that the land attached to the mill was worth about $10 per acre, at the time of the execution sale. And further saith not. Geo W Bishop Also the deposition of Cochran Sousley taken at the same time and place, and for the same purpose, and who being of lawful age, and first duly sworn, deposeth and sith: Ques 1. By Plaintiff What _is_ your age, _where_ do you reside & how near to the mill property _in_ contest. Do you _know_ anything of _any_ proposition by defendant Jackson to be made to Plaintiff Damon as to value if so, state it fully and all you may know. Ans: I am a little upwards of 40 years of age, reside in fleming County, and live adjoining the mill property in controvercy. I do not know of any proposition made by defendant Jackson to Mr Damon. After the execution sale Mr Jackson told me that if Mr Damon would give him one hundred dollars he would give up possession, as he din not wish to get into a law-suit about it, and wanted to remove to Indiana. He said that he would also make Mr Damon a deed for the property. We were all there together in my shop talking about the matter, when Mr. Jackson said that he would take the $100~ and give up the possession, and I went and told Mr Damon what he had said but he - Damon - refused to accept it. I made the proposition to Jackson which he accepted but did not request me to see Damon, or make the proposition to him. [James C. Jackson did eventually move to Boone Co., IN. Later documents in this case indicate that he may have moved in the latter part of 1864, the year of this suit.] Ques. 2 What Repairs (if any) & probable value or parts of same as much & put upon the mill property since Damon took possession of it the past Spring Answer Mr Damon has put repairs upon the mill property to the value of $150 ~ since he took possession of it. Ques 3 What do you consider was the fair reasonable value of the mill property of defendant Jackson (& in Contest in this suit) on the 1st of December last & in the condition it was at that date. Ans. I would think $1200 would be a fair value for it considering the condition it was then in. Ques. Do you know in what year the Boiler was hauled there & put in & who hauled it Ans. It was hauled there and put in about the year 1855 or 56 and James Cochran and myself hauled it. Are you well acquainted with Steam mill property. So as to give the value of the engine & Boiler. if so please state the reasonable value of the engine & Boiler in the mill in contest. have you any experience in running Steam mills. have you ever traded in that kind of property. What was [A portion of this page has been torn away, by a vandal who, many years ago, removed stamps from the back of this document and from many other of the Fleming County documents.] the price of engines [missing] Boilers about the latter part [missing] 1863. What is the price of ste [missing] now: is the mill in running [missing] t present Ans: Isuppose so, but I n [missing] y thing to do with any other mill but that one. I do not know what value to put upon it, but do not value it very highly. I have never traded in steam mills and never had any experience iwht any except that one, for I am a Blacksmith by trade. I cannot tell what the price of Steam Engines and Boilers about the latter part of Decr. 1863, nor I do not know what they are now worth. The mill is now in a running condition. Ques Do you know how old the Engine is and what year it was _first_ put in the mill by H. W. Hinton Ansr. It was put there about the year 184. [sic] by Mr. Hinton. And further saith not R. C Sousley State of Kentucky Fleming Count } Sct. I, Thos. S. Given, examiner for Fleming County, do certify that the foregoing depositions of H. C. Sousley, Geo. W. Bishop, and R. C. Sousley, were taken before me, and were read to and subscribed by them in my presence, at the time and place, and in the action mentioned in the caption. the said Sousley, Bishop, and Sousley having been first first sworn by me that the evidence they should give in the action, should be the truth, the whole truth, and nothing but the truth, and their statements reduced to writing by me in their presence. The plaintiff was present by W H. Cord his Atty. during the examination of H. C. Sousley and G W bishop, and was present both in person and by Aty. during the examination of R. C. Sousley. The deft. James C. Jackson, was present bothe in person and by S. B. Cox his Atty. during the examination of H. C. Sousley & Geo. W. Bishop, and was present by his Atty. at the examination of R. C. Sousley. Given under my hand this the 3rd day of Augt. 1864 Th-S G----n [part missing due to removal of stamp] [missing] miner Examiners Fee $3.00 gov. Stamp on Certificate .05 H. C. Sousley 1 witness Fee 50c tollage 10. .60 Geo. Bishop 1 Do " 50c " 20. .70 R. C. Sousley 1 Do " 50c " 20. .70 Exrs. Fee's pd. by G. E. Damon 2.00 _____ $5.05 =+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+= part 6 =+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+= Fleming County Kentucky Circuit Court Case # 14933 Damon George E =Vs= Jackson James C ************************************** [back] George E. Damon vs. } Depositions of Thos. W. Maxey James C. Jackson et.al. Filed 8th August 1864 Cost $1.75 - ------------------ The deposition of Thomas Maxey taken (by consent of parties) at the Examiner's office in the town of Flemingsburg Ky on the 6th day of August 1864 to be read as evidence in behalf of plaintiff in an action now pending in the Fleming Circuit Court wherein George E. Damon is plaintiff and James C. Jackson & others are defendants. Deponent being of lawful age, and first-duly sworn deposeth, and saith: Ques 1. What is _your_ age, occupation, & residence. are you acquainted with mill property in contest in this suit and do you know of any repairs having been made upon the property since Damon has had it. if so, to what amount of value - & what amount will be required to repair it and should be done before water comes this fall - & what was the mill property worth last November, and what was the condition of the building, mill dam, forebays & mill machinery generally Answer - I was 62 years of age on the 5th day of May last by occupation am a House-joiner and Mill-wright, and am at present residing on the Mill-property in controversy. I am some what acquainted with the property in controvercy, for I have resided there for about two months past and have been running the mill for about a week. I have done the repairs myself as to the woodwork but I have kept no account of the amount because I worked by the day for him: but I would suppose, that including the material, smith-work and all, that it would amount some where in the neighborhood of $100.00/00. It would be quite a hard task for me to answer that, for it would almost require a new mill. All the fore-bays, and under works except the water wheels would have to be made anew before it would be in as good repair as it should be. It would be rather a hard question for me to answer but I suppose it was worth last November in the neighborhood of $1200. I bought it myself at the execution-sale, but after I had gone and examined it on the inside I found it needed so much repairing, and I had not the means to do it, that I sold it to Mr Damon at the price of $1000.00/00 and was glad to get rid of it not that I did not think it was worth more than $1000.00/100 but I did not have the money to make the repairs as before stated & believing it still worth, as before stated, in the neighborhood of $1200.00/00. In November last I cannot say what was the condition of the mill, but there were some bulges in the walls, which I did not consider of much injury to it. I do not mean the condition of the mill last Nov. but I mean when I moved to it this spring- I think in the month of May, I am not certain. The dam is in a very good condition except the backing which will require a good deal of work to make it hold water. The Engine-House is as good as none, and all the under-works of the Saw-mill will have to be taken out as the timber is so decayed that they will not answer the purpose. The roof also of the Saw-Mill will have to be taken off and a new one put on. Cross Examined Qust 1 What experience have you in the running and conducting Steam mills and are you acquainted with the price of Steam engines and Boilers last December, or now: if so, State the value of the engine & Boiler in the mill in controversy exclusive of the mill. Ans I have no experience in running Steam Mills or conducting Steam Engines. I was not acquainted with the price of Steam Engines & Boilers last Decr. neither am I now, and am unable to fix a value of it exclusive of the mill for want of experience with Engines and Boilers. It was only a guess with me when I fixed the value of the mill property at $1200~ Qust 2 What would have been a reasonable value of the mill at the time of the Execution Sale, if it had been then in good running order: or if the mill was put in good running order now what would you say it would be worth- Ans. If the mill had been in good repair last Decr. or at the time of the execution sale it would have been worth from $1800~ to $2000. I am not acquainted, or rather I was not acquainted with the custom [I believe this means the mill's production rate.] of the mill which would have a great influence in its valuation. If the mill was in good running order now, I would consider it worth about as much as it was at the time of the Execution sale. Qust 3 You say you have been attending to the mill for about a week, how much grain will the mill grind in a day--& what is the locality of the mill & its custom.: and has it not a better supply of water in a dry season, than any mill in the neighborhood-- Ans I would suppose the mill would grind one hundred bushes [sic] in a day or one hundred and fifty bushes [sic] in a day and night. The mill is located in a tolerably thick settled neighborhood but there are a good many mills around it. There are four good mills right around it, but so far as I have attended it the custom is very good, but it has not a better supply of water in the dry seasons than any mill in the neighborhood. In water seasons, it has a good supply of water. Qust 4 Are you interested in this Suit: and are you in any way bound to Damon for a title, or to [A portion of this page has been torn away, by a vandal who, many years ago, removed stamps from the back of this document and from many other of the Fleming County documents.] refund the money he pa [missing] the Sale is set aside-- Ans. I have not interest in [missing] am in no way bound. And furt [missing] not. Thos. M. Maxey ************************************** [back] George E. Damon vs. } Depositions of James A. Jackson James C. Jackson et.al. Filed 10th August 1864 Cost $1.65 - ------------------ The deposition of James A. Jackson taken (by consent of parties) at the Examiner's office in the town of Flemingsburg Ky. on the 9th day of August-1864 to be read as evidence in behalf of defendants, in an action now pending in the Fleming Circuit Court wherein George E. Damon is plaintiff and James C. Jackson & others are defendants. Deponent being of lawful age, and firstduly sworn deposeth, and saith:- Qust 1 by defts counsel State your age Occupation & plase of residence, are you aquainted with the mill property in contest, if so how long have you known it: what was it worth in November and December 1863: Have you ever owned the mill at what time and what price did you give for it: State who sold it to Alferd Mitchel and what part of the mill & price state the condition of the mill at the time it was sold under the Executions, and what repairs you put on the property whilst you owned it if any: State the reason if you know, why your Father did not attend the Execution Sale Ans: I was 28 years old last May; and at this time a farmer by occupation, and reside in Fleming county Kentucky. I am at this time acquainted with the mill property in controvercy in this action and have known it for nearly four years past. I considered it worth just as much as when Alfred Mitchell purchased it in 1859 or 60, or when I purchased it of him in the fall of 1860. Alfred bought it of A. M. Jackson at the time above stated at the price of $1100~ for one half of it: and I bought it (that is his half) also at the time as before stated at teh price of $1150 in four payments, viz: $200. cash in hand and the residue in three equal, annual payments. The conditions of the sale from A. M. Jackson to Alfred Mitchell were in three payments: one of which it being the firs- was made int he fall after he had purchased it in the spring, and the balance was to be paid in two equal annual payments. While I owned the property I built a dwelling house and kitchen upon it, reasonably worth $200.00/100. I also put a new Forebay in the mill, and water-wheel, and Cylinder-timbers, worth about $150~ I then put up a stone-wall around a portion of the yard on which the dwelling-house stoon for which I paid $20~ The reasons why my father did not attend the Execution-sale was his horse fell down with him, and crippled him so that he was not only disabled from riding, but even getting about the house. [A. M. (Alexander M.) Jackson was a brother to James A. (Albert) Jackson. They were sons of James C. Jackson. Alfred Mitchell was their uncle, brother of their mother, Anny Mitchell.] Quest 2 What would you consider the engine and Boiler worth, at the time of the Execution Sale, exclusive of the mill. Ans. I would consider them worth 41200~ at least. cross examined What relationship do you have to defendant James C Jackson How long has _the_ engine been in the mill- are you a practical machinist familiar with engines~ what is your experience as to such- at what prices was the mill sold at different times from Hinton's sale to the sale to Jackson when it was purchased at auction from Bishop & _when_ was that sale, & _for_ what sum was it sold then How came Alfred Mitchell & yourself to pay said prices of $1100 for the mill when that was all paid Bishop by J. C. Jackson for all. How often had Defendant Jackson the sale under execution postponed how Did he expect to pay & what _did_ he _intend_ to do by way of settling the matter & what offers of _compromise_ has your father made & what sum was _he_ willing or did he propose to take for the same from Maxey, or Damon- Ans. I am a son of the defendant James C. Jackson. I do not know how long the engine has been in the mill. I am not a practical mechanist but I have been working with Engines and machinery almost all my life. I do not know at what prices the mill was sold from the time that Hinton sold it until it was sold to James C. Jackson. My father (the deft.) and brother - A. M. Jackson, in 1858 or 59, according to the best of my recollection (bought it) at the price of $1201.00/100. When my father and brother purchased the mill of Bishop, they got it at the price above stated because the dam had been washed out and there was noe left, in a manner, and besides, there was on Bolt (Belt?) in the mill worth any thing and the whole machinery was out of order; and that is the reason why they got it so cheap. I do not know how often defendant has the sale postponed. I do not know what he intended to pay, or to do by way of settling the matter. I do not know what offers of compromise deft. ever made with Messrs. Maxey, or Damon, or what sum he proposed to take from either of them, if any. I once heard my father (the deft. J. C. Jackson) in conversation with Mr Maxey but I did not hear him agree or propose to take any sum. I never heard any conversation in reference to it between deft. and Mr Damon. And further saith not J. A Jackson State of Kentucky Fleming County } Sct. I Thos. S. Gilven, examiner for Fleming county- do certify that the foregoing deposition of James. A. Jackson, was taken before me and was read to and subscribed by him in my presence, at the time and place, and in the action mentioned in the caption: the said Jackson having been first sworn by me, that the evidence he should give in the action, should be the truth, the whole truth, and nothing but the truth, and his statements - reduced to writing by me in his presence - the parties, by their Attys L. B. Cox and W. H. Cord being present at the examination. Given under my h [missing[ [A portion of this page has been torn away, by a vandal who, many years ago, removed stamps from the back of this document and from many other of the Fleming County documents.] Examiner's Fee $1.00 Gov. Stamp on Certificate .05 Attendance of witness .50 Tollage .10 _____ chgd. to J. C. Jackson $1.65 =+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+= part 7 =+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+= Fleming County Kentucky Circuit Court Case # 14933 Damon George E =Vs= Jackson James C ************************************** [back] Ben Botts vs. } report Jas. C. Jackson Filed 10th August 1864 - ------------------ A Receiver appointed under a Judgement of the Fleming Circuit Court at its March Term, 1864, in the Suit of George E Damon against James C. Jackson, the undersigned, after advertising the time & place of Renting as directed by Law, Rented for the term of one year, to the highest Bidder the undivided half of the mills and premises mentioned in said suit. Said Rent to be paid Quarterly-and George E Damon being the highest bidder, became the Renter, at the sum of One Hundred dollars, and Executed his Bonds for that amount with David Adams Security. Each Bond for the sum of twenty five dollars, the first due in three months, the second due in six months, the third due in nine months the fourth and last due in twelve months from date~See Bonds herewith Returned August 8th 1864 Ben Botts Sfc ************************************** [The four bonds referred to by the sheriff above, were included in this suit. They are all printed, with blank spaces left in order to fill in the particulars. They are all identical, except for dates due, which are three, six, nine and twelve months after the bonds were executed. I am only including the first bond here.] I George E Damon principal, and David Adams as security, do bind ourselves three [six, nine, twelve] months after the date hereof to pay Ben Botts as Sheriff & Receiver the sum of Twenty five dollars and ---- cents, being the first Quarter rent of the undivided half of the mill & premises mentioned in the suit of George E. Damon against James C. Jackson which was this day rented by Ben Botts as Sheriff & Receiver under a judgement of the Fleming Circuit Court, rendered at its March term thereof 1864 in the suit in Equity of George E Damon Against James C Jackson This bond is to have the force and effect of Replevin Bond, on which Execution my issue if not paid at maturity. Given under our hands, this 20th day of April 1864. Geo E Damon David Adams ************************************** George E Damon vs. } Bill of Exceptions James C Jackson Bill of exceptions filed 11th August 1864 - ------------------ Geo. Damon vs. } James C Jackson Be it rembered [sic] that plaintiff read _his_ depositions filed herin viz (here insert them) also read, the _fifas_ & returns No 524 (here insert it fully) & the _van?_ Ex there on, viz. No 538.5 & 538.6 both for David Inis (here insert the same) No 540 do for Emmons & Snelling (here insert thee same) that of Bishop vs Jackson (here insert the same) also, the other _fifas_ as levied on the said interest of Jackson by Charles Williams (here insert them) also the _Judgments_ of the execution plaintiffs against Jackson (here _insert_ them, & _the_ sheriff's deed to Damon (here insert the same) and the various appraisments made under the fifas & ven ex's under which the property was sold (here insert) The defendant read the depositions filed herin on his behalf (here insert them) whereupon the court rendered the Judgment herin. L W Ander---? ************************************** Geo. E. Damon vs. } Judgment James C Jackson Filed 11th August 1864 O.B. 32 page 235 - ------------------ Geo. Damon Plaintiff vs. } Judgment James C Jackson Defendant This Cause having been heard, the Court determines that, while it would not for the alleged _underevaluation_ disturb the said execution sale, yet, as it was valued by _three_ persons instead of _two_ as statute prescribes for such sales, the sale mus & is _quashed_ & set aside, at least upon these terms, viz: the land & mill property-the interest on undivided on half of Jackson therein shall be _resold_ by a Commissioner at the Court house door in Flemingsburg on a Court day, _after_ having _first_ duly advertised the same, as the law prescribes for sales of land under execution, & upon a Credit of three months thaking bond payable to him the Commr approved security, having the force & effect of a replevin bond drawing interest from date till paid. Charles Williams _is_ appointed the Commis. to make said sale and is allowed $10.00 therefor, to _be_ taxed as part of the Costs, as may hereafter be directed as to the proceeds of sale may be realized, from the sale now directed to be made But, Plaintiff must be _reimbursed, first_ out of the proceeds that may be realized from the sale now directed for the amount of this purchase money so -?- for the same & interest thereon from day of sale 28th December 1863. and if any more, so much thereof _must be applied_ to, as, will discharge, _the balance due_ to David Jones upon this execution--and, if any _more_ then, the residue or _balance_ to paid to the _paid_ [sic] James Jackson And the Deft shall recover of Ptff his costs of this action herein and a -?- is given in said judgment for costs in favor of E. C. Phister & L.B. Cox each for one half the legal attys fee to be taxed by the clerk as part of Defts costs herein And the cause is continued ************************************** Geo. Damon vs. } Commr Report of Sale of land Jackson Jas. Filed 10th Nov 1864 Cord - ------------------ By virtue of a Judgement of the Fleming Circuit Court rendered at its Special August term thereof 1864 in the suit in Equity of George E Damen against James C Jackson The undersigned as Commissioner Reports as follows that having first advertised as directed in said Judgement he did on the 26 day of September 1864 at the Court house door in Flemingsburgh, being County Court day sell to the highest bidder on a credit of three months The undivided half of the Land and mill property of the defendant James C Jackson, and George E Damon became the purchaser at the Price of Five hundred and twenty one Dollars and after George E Damon being reimbursed as said Judgement directs which amounts to Four Hundred and Eighteen Dollars and thirty-five cents leaves a ballance of One hundred and two Dollars and Sixty five cents Twenty five dollars in hand paid and bond Executed with George V Morris as security for Seventy Seven Dollars and Sixty-five cents see bond herewith returned all of which is respectfully submitted to the Court Charles williams Commissioner ************************************** [This bond is a printed form, with blank spaces to be filled in.] I George E Damon principal and [left blank] as security, do bind ourselves Three months after the date hereof to pay Charles W Williams commissioner, the sum of Seventy Seven dollars and Sixty-five cents, being Part of the purchase money for The Undivided half of the mill Property & Land attached thereto of the defendent James C Jackson situated in the county of Fleming upon the waters of Fleming Creek which was this day sold by Charles W Williams as commissioner under a judgement of the Fleming Circuit Court, rendered at its August term thereof 1864, in the suit in Equity of George E Damen Against James C Jackson This bond is to have the force and effect of Replevin Bond on which Execution may issue if not paid at maturity. Given under our hands this 26 day of September 1864. attest George E Damon C W Williams Geo V Morris ------------------------------ Date: Mon, 15 Jun 1998 14:36:49 -0400 From: "Smith, Elizabeth" Subject: KFY: COURT: Damon vs. Jackson, Fleming Co, pt. 8 PART 8, last part Surnames mentioned: CORD, COX, DAMON, GOSLIN, HARBESON, JACKSON, JONES, PHISTER, WILLIAMS Fleming County Kentucky Circuit Court Case # 14933 Damon George E =Vs= Jackson James C ************************************* [back] Geo. E. Damon vs. } Amended Petition James C. Jackson Filed 17 Nov 1864 W.H. Cord - ------------------ George Damon vs } James Jackson Plaintiff states that he not only paid the amt of his bid and as recited in the deed from the sheriff & the execution returns - but on the last sale he _bid_ (it being run up against him) to the sum of $ [left blank] and again became the purchaser and gav his bond for the amt. of same per bond filed with report of Commissioner - he also rented Jackson's half aforesaid at rate of $10.0 per annum & on the 20 April 1864 and the sale was at the [left blank] term makes?, his rent expire at the end of 5 months and his rent $41 2/3 ~ And as against his last bond & said rent he entitled to _a credit_ of $400.35/100 on & of the date of the execution sale - and for the balance of Jones fifa as provided for in the Judgment and claimed in the petition as it may appear from the said fifa and return -?- of David Jones - in the record of this suit And the Plaintiff further states that on the 8th day of march 1864 he obtained by assignment in good faith & for value duly paid, the note made part herof as _"D"_ in substance as follows: "$40.95/100 one day after date I promise to pay H. Goslin & Son Forty " 95/100 Dollars for value recd of them this 1st day of January 1862, Jas. C. Jackson," On which is the credit viz: "Recd on the within note one dollar nov. 5, 1862 And on the same is the endorsement viz, Pay G. E. Damon 8th March 1864 [This note is included among the papers of this suit. Since it is accurately describe here, I will not include it again.] and the Same therby payable as aforesaid still remains due & unpaid, and further states that Jackson has been insolvent since plaintiff became assignee of said note is still insolvent and moreover left the state and became nonresident & is now nonresident of this state and he has no means of collecting or securing the same but by a retainer & setoff of the same against his sale & rent bonds as aforesaid and demands that that sum due by the note by attached & subjected as by way of Garnishee & setoff as to and against said James Jackson, and general relief in the premises- Geo. E Damon Pltff I believe the statements made in the foregoing _amended_ petition to be true Geo. E Damon, Pltff Sworn to, before me, in due form of law, by Geo. Damon Nov. 14, 1864 John M. Harbesin clk ************************************* [back] George E. Damon vs. } Judgt James C. Jackson Filed 18th November 1864 O.B. 32 page 363 - ------------------ Fleming Circuit Court George E Damon vs } Judgement James C. Jackson By consent of parties this cause was submitted to the Court and being heard, It is adjudged by the Court that the Judgment for costs in favor of Jas C. Jackson vs George E. Damon rendered at teh last term is hereby reinstated, and the lien therein given in favor? of E.C. Phister and L.B. Cox is reinstated & allowed? - and a lien is also allowed for costs on said judgement in favor? of the -?- officers of the Court for their fees and said liens shall be considered on the execution. There being no exceptions to the report or sale made by commissioner Chas W. Williams on the 26th september 1864 the said Report is approved and the said sale confirmed. The proceeds of said sale shall first be applied to pay the expenses of said sale, and then to pay Damon the money which he paid for the property at the execution sale with interest - and then to the balance due on the execution of David Jones - and then if any balance it shall with the amount of rend due from Daomon for the rent of the property up to the 26th of September 1864, be applied as far as necessary to the note for $40.95 on James C. Jackson which was assigned to said Damon by H. Goslin & son - and on motion of James C Jackson -?- remainder of the proceeds of the sale and of the rent, if any shall be paid to E. C. Phister & L. B. Cox for their fees herein - and by consent John M. Harbeson shal make the calculations and distribution necessary under this judgt and shall be allowed $2.50 therefor and Wm H. Cord as Commissioner shall make a deed to said Damon for said property sold at the Commissioners sale. Pending the motion of Damon to file an amended Petition herein the said James C Jackson by his attys moved for the reinstatement of the judgment for costs of last term and for the liens as therein given which judgment was reinstated and the said liens also - and then the said amended Petition was filed, and this judgment rendered And the cause is continued. ************************************* [back] Geo. E. Damon vs. } Final order Jas C. Jackson Filed 17 Decr 1864 O.B. 32 page 396 - ------------------ Geo. E Damon Pltff vs } Final order James C. Jackson Defdt The Commissioner WH. Cord having produced and acknowledged a deed of Conveyance to Pltff Damon for the interest of defendant in the premises herin, the Same is approved and ordered to be Certified for record to the office of the clerk of the Fleming County Court and the parties go hence?. =+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+= part 8 =+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+= From: "Smith, Elizabeth" Date: 8 Jun 1998