Circuit Court: Whitaker vs. Simmons, Bullitt Co Whitaker et al vs. Simmons (v.7 pg. 528) Walter C. WHITAKER et al vs. George W. SIMMONS Bullit Circuit Court Decrees #330 Paper # 8 Contd. He would admit that a grant issued to William OWENS for .. 200 acres... that adjoins his farm on Cedar Creek and Salt River in this county, but he does not know.. that the same issued and bears date 27 July 1786. When filed it will speak for itself. So of the alleged conveyance from the patentee to Stephen ORMSBY, the elder. He admits that both the ORMSBYS died living wills. He denies that plaintiffs are the owners of all the land described in said patent, if the same is correctly laid down and estimated in the plat found in this suit. If they were ever owners of more than 200 acres of land described in said patent and deed, which this defendant denies, then he is advised.. that.. by virtue of the decretal sale and purchase by one George KULMER, he became and is the owner of same. This is shown by the proceedings in this court in which judgment of sale was had and made an exhibit in plaintiff’s petition. For no part of said land have plaintiff’s right to maintain suit and he pleads and relies on the status against champerty in bar of same. For further answer this defendant says that heretofore on the 22 April 1792, upon a Land Office Treasury Warrant No. 3130, issued 29 February 1783 upon an entry regularly registered and recorded 24 May 1780, there was issued to John GAITHER a patent for 500 acres of land, as is shown by a certified copy of same made part hereof marked (J.G.) He files also a certified copy of the entry and survey marked (B.P.) He alleges that as early as the year 1819 and before that time.. his father Joseph SIMMONS became the owner of said 500 acre tract except so far as same was interfered with by the patent of one John EDWARDS; a question in that year determined judicially in a suit in the name of P. B. TROUTMAN, devisee, vs. J. R. GAITHER & c. He purchased it of said TROUTMAN, to the last of whom it had been devised by Michael TROUTMAN, to the last of whom GAITHER had conveyed it. Copies of the several deeds, evidencing his title are files as parts hereof and marked. Defendant’s said father, by his last will, regularly probated and recorded, devised same: two thirds to this deft. And one third to a grandson Albert W. SIMMONS, and in case of the latter’s death before arriving at the age of 21 years, his third to pass to this defendant. Said Albert did die before attaining his majority and by virtue of the will defendant became the owner of all of said 500 acres except as before stated. Copy of his father’s will made an exhibit. He charges that the patentee GAITHER settled on and improved said tract, cultivated and enjoyed, paid taxes, and (photocopies skit to page 532) Paper # 11c contd. as the corner of TILLEN or John EDWARDS; thence S23E the course called for in the original survey of TILLEN or EDWARDS ploes to the intersection of GAITHER’s or SIMMON’s line, at which place the Commissioners planted a stone. All of which is represented on the annexed plat, which see. Febr. 21st & 22nd 1839. (signed) J. D. S. PEACOCK , S. B. C, Pursuant to an advertisement of the said Joseph SIMMONS to procession his land, the tract above named, I went on the land of said SIMMONS on the day of 1839 in conjunction with James STRANEY & Wilford LEE , the before named commissioners, and proceeded to the lower corner before named on the bank of the Salt River, and at which time and place the said Joseph SIMMONS proved the corner of TILLEN or John EDWARDS to be at or on a large beech tree marked as a corner and 5 poles and 7 links below the beech and stone as before represented to be the corner (proved by the oath of James GAITHER, the son of the original locator, John R. GAITHER) Run thence S23E, the course called for in EDWARDS survey; found no line trees (see the deposition of James GAITHER as respects this line) Continued this line on past the intersection of Jos. SIMMONS line or GAITHER’s original line, and run one pole & a few links west of a stump in Wilford LEE’s field, said by James STRANEY, one of the commissioners, to be an original corner in the line of TILLEN or EDWARDS survey. Met on the day of 1839 and but one of the commissioners met. Met again on the day of 1839, two of the commissioners present, LEE & STRANEY, and began at a corner of Jonathon SIMMONS land and run the course and distance as called for in the conveyance of TROUTMAN to Richd. SIMMONS Sr., decd, and ran to or near a forked beech, proved by Jacob TROUTMAN to be the original corner of his father, Michael TROUTMAN’s land, and in the original line of TILLEN or EDWARDS survey. I then reversed the course of Tillen’s line & run back to the intersection of GAITHER’s or SIMMON’s line which is distant from a leaning poplar tree in the corner of Joseph SIMMONS fence. See the annexed plat (signed) J.D.S. PEACOCK, S.B.C. (page 533) Paper #11c contd. Explanation of Plat The corner 4:1 is the corner as proven by James GAITHER. T. The corner proven by Jacob TROUTMAN and a small distance past the intersection of GAITHER’s and TILLEN’s or EDWARD’s lines: said to be the original corner of Michael TROUTMAN (see Jacob TROUTMAN deposition, herewith filed) The red dotted line represents the line first run and is 5 poles & 7 links eastwardly or up the river from the blue liej & at 4. On the river is a marked beech tree near which there is a fallen down white oak, at which place the commissioners planted a stone, the first they met. 3X represents white oak, red oak, & walnut proven by James STRANEY (personal note-email me if you want a scanned copy of the plat drawing) (photocopy skips to page 539) Paper #11e contd. where the beech now stands; one of them is long since fallen and rotted. And further saith not. (signed) Jacob TROUTMAN This deposition sworn to before us the processioners. (signed) J.D.S. PEACOCK, processioner Paper # 11f Deposition of James STRANEY: taken 6 June 1839 at the house of Joseph SIMMONS in Bullitt County, KY. Deponent.. states that he has known the white oak tree at 3X on the plat, being TILLEN’s southeastwardly corner on his four hundred and forty acre tract, ever since the year 1819. It then stood in Nathan HARRIS’ enclosure and was shown to me by said Nathan HARRIS as his corner & line before he bought Levi SIMMONS land. After HARRIS bought of SIMMONS, the tree was within his enclosure, and he owning the land around it, I cut it down at his direction to make logs for his, said HARRIS’ mill. It was then anciently marked as a line & corner tree, and the annulations thereof were many, but the exact number not now recollected. The processioners this day in running the line out from Salt River to said tree came within a pole and a few links of the stump of said tree. And further saith not. His (signed) James X STRANEY mark Sworn to before me one of the comrs. (signed) J.D.S. PEACOCK Paper # 11g Processioners Report: filed 22 Oct. 1839; recorded in Processsioners Book. The undersigned processioners appointed by the .. Bullitt County Court to procession the lands of Joseph SIMMONS in said county proceeded on the 6th day of June 1839 to discharge said duty, and having met at the house of Joseph SIMMONS pursuant to public notice, we began at Salt River at a beech tree shown us by James GAITHER as the corner of said SIMMONS tract (see GAITHER;s deposition filed herewith) Also reference to report of surveyor. We also refer to the deposition of Jacob TROUTMAN filed herewith, who identified a beech tree which once stood in TROUTMAN’s (now SIMMONS, Wm) line to enable us to ascertain the true line. We ran a cross line from POPE’s line to the old compromise line between GAITHER and TROUTMAN, and (page 540) the beech tree proved by TROUTMAN in his deposition stands in said line. By the intersection of said lines, and by running out courses and distances we are of opinion that the corner to Joseph SIMMONS land is properly in William SIMMONs field; and we were proceeding to plant the corner stone at the point, but it was opposed by William SIMMONS who was present, and we did not plant said stone. This is the only corner to said tract that is not designated by some object in the original patent calls. And the spot where we adjudge the corner should lie is easily designated by running the lines and cross lines aforesaid. All of which is respectfully submitted. (signed) Wilford LEE his (signed) James X STRANEY mark (signed) J.D.S. PEACOCK, S.B.C From: Maria Troutman Date: 26 Jan 1998