Muhlenberg County Kentucky
Circuit Court Records
Samuel G. & Mc. J. Davis v. W.M. Blackwell
No. 839, February 27, 1883
W.M. Blackwell, Plaintiff
Answer and Counter Claim of Briggs Adm. for and on behalf of Samuel G. Davis, an infant minor under 14 years of age, and Mc. J. Davis, Statutory Guardian of said Samuel G. Davis, Defendants
G.W. Briggs, Administrator of the infant defendant Samuel G. Davis - now deceased - for answer and counter claim herein, says that he has not sufficient knowledge or information to form a belief that said Samuel G. Davis was at time of his death - or at any time - indebted to the plaintiff W.M. Blackwell in the sum of Five hundred and Seventy-five dollars - or any sum - on account of, or for care, attention and services of plaintiff and wife, in rearing, nursing, boarding, lodging, feeding and clothing the said Samuel G. Davis from and after the 26th day of May 1869, until the 14th day of July 1880, and for money expended by plaintiff for school books furnished to said Samuel G. Davis, and for medicines and doctor bills necessary furnished by plaintiff to and for said Samuel G. Davis during said time - and denies that said Samuel G. Davis was or is so indebted in said sum or any part thereof - and denies that this defendant as administrator of said Samuel G. Davis is so indebted - Denies that the plaintiff and his wife gave said Samuel G. Davis care, attention, and services, in rearing, nursing, boarding, lodging, feeding and clothing the said Samuel G. Davis from and after the 26th day of May 1869 until and including the 14th day of June 1880, and denies that plaintiff expended any money for school books furnished to said Samuel G. Davis or for medicines and doctor bills necessarily furnished for said Samuel G. Davis. Denies that such care, attention, nursing, boarding, lodging, feeding, clothing, money expended - if such were given or expended was of the value of Five hundred and Seventy-five dollars.
He states and charges that more than five years had elapsed or intervened from the accusing of plaintiff's right and cause of action on all of plaintiff's claims herein from the 26th May 1869 until the 14th day of February 1876 - and the commencement of plaintiff's action herein on the 15th day of February 1881 - and he pleads and relies on the statutes of limitations in such cases made and provided in bar of plaintiff's right to recover for said time from the 26th May 1869 to the 14th February 1876.
He states that said Samuel G. Davis was the son of the wife of plaintiff by a former marriage, and the plaintiff is the step-father of Samuel G. Davis - That the father of said Samuel G. Davis departed this life in Muhlenberg County on the [blank] day of March 1868 intestate, leaving, among other heirs, the wife of the plaintiff and said Samuel G. Davis and B.A. Davis, a brother of Samuel - several years his senior, but still a minor: That said B.A. and Samuel G. were infants under 21 years of age and resided with their Mother until the year 1873 when B.A. Davis left - and Samuel G. left in July 1880.
That in the administration of the estate of A.N. Davis - the father of said B.A. and Samuel G. Davis - Appraisers duly appointed and qualified set apart to his widow - the wife of the plaintiff - for the use and benefit of herself and said infant children [blank] acres of land including mansion house - and improvements - and including a good farm adjacent thereto - and that upon the marriage of the plaintiff with his present wife, the Mother of said B.A. and Saml. G. Davis, the plaintiff took possession of said personal property, house and farm and converted same to his use and enjoyment and in common with said B.A. and Saml. G. and their Mother has occupied said house and farm and ever since except as herein after stated; and that after said marriage, said B.A. Davis rendered valuable service in laboring on said farm for the purpose of contributing to the support of himself and said Saml. G. until he left as above stated and that [he] remained long as he did for the purpose of contributing to his own and said Saml. G.'s support and did more than support both; and that said Samuel G. Davis contributed to his own support from and after he arrived at the age of five or six years - sometime about 1873 or 1874 by his labor and services in working on said farm; that his services rendered for and in behalf of the plaintiff and wife - and one Marshall Blackwell, infant son of plaintiff and his present wife - were of value more than the support, schooling etc. of said Samuel G. Davis - That said Saml. G. so labored and worked from and after the year 1874 until 14 July 1880 and his services so rendered were of the value of fifty dollars per year over and above his board, lodging, clothing etc.
That in addition to property above set forth the plaintiff received from one F.B. Hancock the sum of Five hundred dollars pension money from the United States Government due to his wife the mother of said Saml. G. Davis, on account of wounds received by said A.N. Davis - That said pension money was for the wife of said plaintiff for the use and benefit of herself and her infant children the said B.A. and Samuel G. Davis and that plaintiff collected said money, reduced it to his possession and converted at least Four hundred dollars of it to his own use; and says that any money plaintiff may at any time have expended for school books, medicines or in paying doctor bills for said Samuel G. Davis was furnished by his wife or more than repaid to plaintiff by his wife the Mother of said Samuel G. Davis - or was paid out of funds above stated - which belonged to plaintiff's wife and her said children.
He states that during the time between the 26th day of May 1869 and the 14th day of July 1880 to wit in the year 187[7? 9?], the plaintiff abandoned his family then consisting of his wife - the Said Samuel G. Davis and Marshal Blackwell an infant - half-brother of Samuel G. Davis - and abandoned their support entirely for the space of several months, during which time the care and support of said family fell upon said Samuel G. Davis - and he charges that for such time at least plaintiff is not entitled to recover anything; and further charges that such extra care and support by said Samuel G. Davis were worth Forty dollars extra and above what is herein before charged.
That there was no writ of contract for the care, attention, nursing, boarding, lodging feeding and clothing - school books and money for medicines and doctors bills of and for said Samuel G. Davis, by and between the plaintiff and said Samuel G. Davis; nor by and between the plaintiff and the defendant Mc. J. Davis Statutory guardian of said Samuel G. Davis; nor by and between plaintiff and anyone whatever: and charges that plaintiff can not recover herein because of absence of any such contract.
He says that all the care, attention, nursing, feeding, boarding, lodging and clothing that said Samuel G. Davis received between the said 26th day of May 1869 and the 14th day of July 1880 was given and rendered by the wife of plaintiff who is the mother of said Samuel G. Davis is stopped from claiming as recovery anything on his claim herein.
All which facts, matters and things he pleads as a counter-claim and let off against the plaintiff and prays that this petition and claim herein be dismissed; for a judgment for his costs herein and for all proper and general relief.
[signed] M.J. Roark
Atty. for Briggs Adm.
G.W. Briggs says that he believes the statements in the foregoing answer to be true.
[signed] G.W. Briggs
Sworn before me by G.W. Briggs this [blank] day of August 1883
[signed] W.T. Stiles Clk
Contributed by Robert Black
Updated January 29, 2020