John Ross vs. John Hunt, Sr. and Basil Hunt, Fleming Co., Ky

Besides, the summons, this was all that was included in this suit.  No mention was made of a settlement.

Fleming Co., KY Circuit Court

Case #215

John Ross

Ag  } Bill

J & B Hunt

To the Honble the Judges of the Circuit Court of Fleming siting in Chancery. Your orater John Ross Humbly Shows

That Some time ago a certain John Hunt Senr & Thomas Flowers made a Covenant with John Crittenden by which they purchased of the said   
Crittenden a large quantity of Land situate in different parts of this Comonwealth, that by Some fraud or other Circumstance unknown 
to your orator the said Crittenden vacatio? the said Contract and by the decree of the Court of Chancery the said Hunt & Flowers were 
order'd to reconvey the premises to the said John Crittenden; that after this decree of Cancell went had pas'd, the said John Hunt Senr 
Who your orator prays may be made a deft to this Bill proposed? to Sell to your orator one thousand acres of the Land which he said he 
had purchased of Crittenden & Concealed from your orater the decree which had cancell'd the agreement between himself & Crittenden that 
your orater purchased the said 1000 acres of Land from the said John Hunt & received the Bond of the said Jno for the Conveyance thereto 
which will on a proper occasion be here to annexed; your orator shows farther that he assigned to the said Hunt in payment of the Land 
a bond held by your orater on a certain Benjn Lodges for the Sum of two hundred & fifty pounds p-?- money with fifteen years Interest 
thereon with a Credit for the -?-  of three hundred dollars.  Your Orater Shows farther that the said John Hunt the Deft, is notoriously 
insolvent & that he has long been in the habit of making sales of Lands & their property to which he pretended title & as soon as he 
received any thing for such sales transferring the property received to Some of his sons, by which means the unguarded purchaser became 
compleatly defrauded of the price given, because the said John the Deft care fully avoided holding any thing which could be subject to 
Ex in [abbreviation for Execution?] and the son to whom his property was transfer'd  pretended to be ignorant of the fraudulent practices 
of his father & to be a fair purchase of the property at an adequate price;  Your orater Shows further that the said John Hunt the Deft 
in pursuance of hi Same practise -?- transfer'd the bond to his son Lewis Hunt who again transfered the bond to Basil Hunt for a trifling 
consideration -?- intended as a cover to the fraud than as a fair & adequate Consideration, and your orater expressly charges that both 
Lewis Hunt (who is since dead without issue or Exor) & Basil Hunt both at & before the times of the transferaforesd to them had compleat 
notice that the contract between their father & Crittenden was sissolved that the bond on Lodges was procured from your orater by a 
pretended Sale of a part of the Said Land & that nothing Could ever pass to your orator by the Said purchase and also that their father 
was perfectly insolvent & as your orater believes intended to remain so.  Your orater Shows farther that he has repeatedly applied himself 
to the said Basil Hunt (who he prays may be made a deft to this Bill) to cancel the said agreement and restore to him the Bond on Benj Lodges.

But now to it is may it -?- -?- -?- that the said Basil Hunt Combining himself to & with the other deft John Hunt Senr & other unknown but 
who wen discover'd he prays may be the -?- defts with apt words to charge them refuses to restore to your orater the bond aforesd & cancel & 
annul the said bargain, but gives out in speches that your orater may seek his remedy against the said Deft John Hunt who he knows is insolvent  
All which actings and doings of the said Deft's are Contrary to Equity & lead to your orater -?- .  In -?- Consideration of Which and as 
your orator is with out remedy at Common Law & can only be relieved in Equity where matters of this kind are only and properly Cogurzable?.  
To? the End therefore that the said Defts may on their -?- Oaths & full true and perfect and -?- make to the promises or fully as if -?- 
repealed & interogated, May it please your Honors by your decree to nullify & Cancell the said agreement between your orater & the 
Said John Hunt Senr & order the said Bon on Lodges to be restored to your orater; and that if the Said Basil Hunt has received any of the 
moneys from the said Lodges or his Exors or represtatives or has made any adjustment of the debt by the receipt of other property, 
such other property order'd to be deliver to your orator, or the said Basil Hunt be decreed to acc [rest of the word missing-ragged paper edge] 
with your orator to grant is may be

Conferable to Equity & Suitable to your orators Case, & to grant to yr. Orator the writ of Spa? to the said Defts Basil Hunt & John Hunt Senr. 
to be decreed Commanding

&c & yr orator

Alex r K. Manshale?

        for the Compt?

 

Submitted by Bobby Hunt



Fleming Co., KY Deed Book A-1 pg. 142-143, John Hunt Sr., 1799

File contributed for use in the USGenWeb Archives by:

Elizabeth Smith

Know all men by these Presents that I John Hunt Sen. of Montgomery County &
State of Kentucky have made, obtained constituted and appointed John Hunt Jnr. of Fleming
County & State aforesaid all debts demands & damages that shall or may be recovered of
said Jacob Myers giving, and by these presents granting to my sd. Attorney my sole
Power & Authority to take persue & follow such Legal Courses for the recovery & 
obtaining of the same as I myself could or might do wear I Personally Present and in
all things touching the same as he may think proper to do, as also to appoint one or 
more Attorneys under him, and to revoke the same at his pleasure also to revoke the
Powers giving by me heretofore to any person whatsoever, and to act for me & in my 
name with all other persons whatsoever in recovering and receiving as above so far as 
my said Attorney shall think proper, ratifying allowing and confirming whatsoever my 
sd Attorney shall Lawfully do or cause to be done by virtue of these Presents. In 
witness whereof I have hereunto set my hand & Seal this 26th November 1798


Signed in the Presence of us John Hunt

Jesse Sanders

Reubin Hunt



Fleming County July the 8th 1799

This Power of Attorney from John Hunt Senr. to John Hunt Jnr. was received into my 
office and acknowledged by the saidd John Hunt Senr. to be his act and deed, whereupon 
a Copy of the same is admitted to Record

Teste

Joshua Stockton C.F.Cl.
Endnotes


1. Brøderbund WFT Vol. 5, Ed. 1, Tree #1793, Date of Import: Jul 27, 1997

2. 1850 Bath Co., KY Census, 1st District Reel no: M432-191 Page no: 74A
Enumerated on: , 1850 by: J.A. Trumbo.

3. 1850 Bath Co., KY Census, #1122.

4. 1870 Bath Co., KY Census, Record #73.

5. 1860 Bath Co., KY Census, #1122.

6. 1850 Bath Co., KY Census, Division: 1st District Reel no: M432-191 Page
no: 79A Enumerated on: , 1850 by: J.A. Trumbo.

7. 1850 Bath Co., KY Census, 1st District Reel no: M432-191 Page no: 74A
Enumerated on: , 1850 by: J.A. Trumbo.

8. 1850 Bath Co., KY Census, Division: 1st District Reel no: M432-191 Page
no: 75BEnumerated on: , 1850 by: J.A. Trumbo .

9. 1860 Bath Co., KY Census, Record # 866.

10. 1870 Bath Co., KY Census, Record #110, Wyoming Precinct.

11. 1850 Bath Co CensusDivision: 1st District Reel no: M432-191 Page no: 76A.

12. 1860 Bath Co., KY Census, record # 866.

13. 1870 Bath Co., KY Census, Record #110, Wyoming Precinct.