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| Sally Brown v. John Bodle |
Submitted by Rita Sampson
Rockcastle Circuit Court
Petition in Equity
Sally Brown and her husband James Brown, Elizabeth Watson, and James M.
Thompson, Pltffs against John Bodle, Jane Cummins and her husband Stephen
Cummins, Margaret Snodgrass, Elizabeth Wallen, Surrilda Reynolds and her
husband Moses Reynolds, Nancy Proctor and her husband Johnson Proctor, and the
unknown children and heirs of Zelphia Colyer, Defdts
The plaintiffs state that James Bodle departed this life on or about the 3rd
day pf August 1866 (may be 1865), intestate, domiciled at the date of his death
in the county of Rockcastle, state of Kentucky.
At the time of his death, James Bodle was the owner, had legal title to, and
was _____ and had possession of a tract of land lying and being in the county
and state aforesaid on Sinking Valley waters and worth about ____ thousand
dollars and which tract of land is bounded as follow. Beginning at two white
oaks and dogwood ____ corner of Bell and ____ of Edmund Sowder deceased, then
S48Eat 266 ½ poles passing the beginning corner of Sowder in all 324 poles
to a state where three hickories are called ___ with ___, then S49W99 poles to
a stake last corner of John Evans to G.W. Evans at or near the South end of a
lane, then S45 ¾ W156 poles to a fallen black oak Evan’s corner at
the north end of the lane, then his line S43 ½ W58 poles to two black oaks
also corner to John McCulloughs tract, therewith two lines of his S73 ½
poles W74 ½ poles to a white oak and fallen black oak thence N28 ½
W109 ½ poles to a stone pile at the intersection pf McCullough with
Bell’s second line, thence with Bell’s line N74 ½ poles to the
beginning , containing by survey two hundred and ninety seven acres. They file
the survey ___ herewith marked (A) and make it a part of their petition and
refer to it for proof of the boundary of said tract of land.
The plaintiffs charge and avow that upon the death of James Bodle that the
aforesaid tract of land descended in parcurary to his children if then living,
but if any were dead, then their interest descended to the children of such as
died before said James Bodle.
The following, five in all, were the children of the said James Bodle viz the
female plaintiff Sally Brown, late Bodle, who intermarried with her coplaintiff
James Brown, Elizabeth Watson, late Bodle, who intermarried with John Watson,
her said husband now being dead. The defendants John Bodle, Jane Cummins, late
Bodle, who intermarried with the codefendant Stephen Cummins and Margy
Thompson, late Bodle, who intermarried with Squire Thompson and that the said
Margy Thompson and her husband have both departed this life and they left the
following children heirs at law of their mother Margy Thompson decd viz
Margaret Snodgrass (late Thompson) who intermarried with Robert Snodgrass, her
husband is now decd, Elizabeth Wallen, Surrilda Reynolds (late Surrilda
Thompson) who intermarried with her codefendatnt Moses Reynolds, Nancy Proctor
(late Nancy Thompson) who intermarried with her codefendant Johnson Proctor and
Zelphia Colyer (late Zelphia Thompson) who intermarried with John Colyer and
the said Zelphia and her husband are both dead, leaving children who live
someplace in the western country and whose names, ages, and residence are
unknown to the plaintiff the foregoing are all and the only heirs of James
Bodle, decd known to the plaintiffs except the plaintiff James M. Thompson who
is also a child and one of the heirs of Margy Thompson decd.
The plaintiffs state charge and avow that the defendant John Bodle has had the
possession of the aforesaid tract of land and has used occupied and cultivated
same ever since the death of their ancestor James Bodle, that he has not
accounted to them or to the codefendants for the rent of said land and that
during the time that he has so used and occupied said land the rents have been
reasonably worth one hundred and fifty dollars per year that the said John
Bodle is justly indebted to the plaintiff and his codefendants for four fifths
of the annual rent of said tract of land from the 1st day of January 1867 until
the present time and he refuses to account or pay the same.
The plaintiffs state that the claimants and joint owners of the said tract of
land are numerous and their interest are varied and it would be unprofitable to
divide the ___ so as to do equal justice and equity to all the parties and a
sale of said tract of land would ____ to the interest of all the parties
involved.
The plaintiffs state that Surrilda Reynolds and her husband Moses Reynolds,
Nancy Proctor and her husband Johnson Proctor and the unknown heirs of Zelphia
Colyer are nonresidents of the state of Kentucky wherefore they ask for a
warning order against them warning them to appear and defend the action and
that an attorney be appointed to defend for them. They may pray for the
judgment for the sale of the tract of land herein described and an equitable
distribution of the proceeds of the sale between the rightful heirs of James
Bodle Decd and they pray that the defendant John Bodle be adjudged to account
and pay to his coheirs a reasonable rent for the use and occupation of said
tract of land from the 1st day of January 1867 until he surrenders the
possession of the same and that the ___ as recovered from John Bodle be
equitable distributed to the rightful claimants and on final hearing they pray
for all appropriate relief and that equity be done.
Kirtly and Byron for the pltffs State of Kentucky Rockcastle County ___
The plaintiffs Sally Brown, James Brown, Elizabeth Watson, and James M.
Thompson say that they believe the statements in the foregoing petition are
true.
Signed Sally Brown, James Brown, Elizabeth Watson, James M. Thompson
Subscribed and sworn before me by the plaintiffs Sally Brown, James Brown,
Elizabeth Watson, and James M. Thompson this the 27 day of December 1875.
Jasper N. Brown J.P.R.C.
A warning order was dated the 1st day of January 1876. An attorney, J.G.
Carter, was appointed for Surrilda and Moses Reynolds, Nancy and Johnson
Proctor, and the unknown heirs of Zelphia Colyer, nonresidential defendants,
January 18, 1876. |
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