xt70zp3vt865_204 https://exploreuk.uky.edu/dips/xt70zp3vt865/data/mets.xml https://exploreuk.uky.edu/dips/xt70zp3vt865/data/63m46.dao.xml unknown 14 Cubic Feet 31 boxes archival material 63m46 English University of Kentucky Copyright has not been assigned to the University of Kentucky.  Contact the Special Collections Research Center for information regarding rights and use of this collection. Harkins Family papers Mineral rights -- Kentucky -- Floyd County -- History. Law reports, digests, etc. -- Kentucky. Mining leases -- Kentucky -- Floyd County -- History. Practice of law -- Kentucky. Bankers -- Kentucky. Banks and banking -- Kentucky -- Prestonsburg. Coal trade -- Kentucky -- Floyd County -- History. Lawyers -- Kentucky. Elkhorn and Beaver Valley Railway Company v. Mayo, Tilda, Ezra, Burns, and David text Elkhorn and Beaver Valley Railway Company v. Mayo, Tilda, Ezra, Burns, and David 2016 https://exploreuk.uky.edu/dips/xt70zp3vt865/data/63m46/Box_21/Folder_7/2345.pdf 1911 1911 1911 section false xt70zp3vt865_204 xt70zp3vt865 E ' i E 1’ - ' fi' / ’
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A STATE or KENTUCKY, _ v
1 .. FLOYD COUNTY COURT. ' , q'
1‘: ,
E Y EL:
( ELKHORN AND BEAVER VALLEY )
E RAIIWAY COMPANY, ) .,:;
E" 1 E
E 1 E
S vs. ) PETITION. $93
1 TIL-DA MAYO, EZRA MAYO, BURNS )
ijg MAYO AND DAVID MAYO . E 1.:-1
“’- 2:3
' E13:
“‘g- TO Tm HONORABLE, THE JUDGE OF THE FLOYD COUNTY COURT: _ ;E
E! I The Elkhorn and Beaver Valley Railway Company, EEE
E I applicant and petitioner herein, represents and states ,
E to this Honorable Court as follows: 11
[1' That it is a corporation, duly organized, EEE
. created and existing under and by virtue of the laws of ,1
1 the State of Kentucky, and-as such corporation and in its E?
1 corporate name of Elkhorn and Beaver Valley Railway Company f},
E has authority to one and be sued, contract and be centracted
5: 3
with, and to construct, operate and maintain a railroad,as 7:,
x? !'
4 e. commOn:-carrier of freight and persons, from a connection [~21
1"; , With the Chesapeake and Ohio Railway, at the _mouth of Beaver “x
'1, creek, on the Levies Fork of Big Sandy River, in Floyd ;E
;i - County, State of Kentucky, southward up B'eaVer Creek,through 11
‘2:
E the tract of land hereinafter described, and through the 1
.'. ‘ :2:;
2g Count iee of Floyd, Knott and Letcher, in the State of Kentucky, '3
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t along the route as surveyed and located by the engineers I%
g of said Elkhorn and Beaver Valley Railway Company, to §Q
g Pound Gap, in Letcher County, Kentucky; and for that i
E purposejit has authority to purchase, or otherwise acquire I;
g and hold, all such real estate and other property as may %%
E be necessary for the construction, maintenance and accommo- ~§
é -dation of its line of railroad, aforesaid, but not, g
g, . however, to be taken without the consent of the owner or E
{i ‘ owners of such property until making compensation agreed E
, upon, or ascertained in default of suchrsgreement, and 339
i} paid or deposited as provided by law. f:
§ The said Elkhorn and Beaver Valley Railway ,i
\ 3;
a Company further represents and states that under and by Q
3 virtue of its authority, aforesaid, it has surveyed and ’g
g .I now proposes to construct said line of railroad, as above If
'g‘ set put, which,as aforesaid and as surveyed, extends §
, . through the strip of land hereinafter described; and
i thereupon the petitioner states that the following land 1%
., ~
3 is necessary for public use for the purpose of construc- f§
I “g
.g ~tion and maintenance of its line of railroad, towit; i
i Situate in the County of Floyd, State of IE
5 Kentucky, on Main Beaver Creek, and particularly i
-‘ described as follows: _5

BEGINNING at Station 108+5l of center line . ,fi

of nlkhorn and Bearer Valley Railway in line betWeen t§

f Seymore Mayo and Estate of W1 ll iam Mayo; thence with
E‘ said line South 48° West to a point 50 feet from at right 9%
,f angles to said center line; thence Eastwardly from and :Q
I parallel to said center line which is a tangent South 75° :3
; 52' East to a point opposite Station 115+15 P.C. thence g;
Southwardly 50 feet from and parallel to said center 2;

[ line which is a 7° curve right to a point in line between ,§
,§ 3 Estate of William Mayo and D. J. Salisbury; thencezmith 'g
% said line North 55° East passing through Station 118+4C g
% of said center line to a point 50 feet from at right ;
g angles to said center line; thence Earthward and Westward i
‘g 50 feet from and parallel to said center line as described g
g to a point in the line between Estate of William Mayo and 3
E‘ Seymore Mayo; thence along said line to beginning. Being ;;
'é a distance of 1009 feet along said center line and contain- i
3, -ing one and thirty-nine hundredths(l.59) acreaymore or less. E
1‘

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E. j
.j The said Elkhorn and Beaver Valley Railway ‘ E"
if. Company States that Ezra Mayo, Burhe Mayo and David Mayo $2
i _ are the owners and in possession of the strip of lard _ a
; above described, subject to the rights of Tilda Maya. i:
a who is the owner of a dower and homestead right therein; g
% that by reason of the infancy of the said Ezra Mayo, Burns E:
%‘ Mayo and David Mayo it has been unable to contract with . ’2
lg them, or any of them, or to obtain a good and indefeasible ;
E; title to the said strip of land, and in order to procure E
E the title to the same for the purposes herein set forth, g
a it is necessary that it be condemned by the prOper orders i;
‘5 of this court; :%
f: WHEREFORE petitioner prays the court to Lg
g immediately appoint three impartial housekeepers of Floyd l?
g Cofinty who are owners of land, as commissioners to determine 1:
E, and assess the compensation and damages the owners of edid ‘%
,é land may be entitled to receive for the appropriation I?
g ‘ and use herein sought, and that further proceedings be had %
g in the manner prescribed by law, whereby the land may 7 ii
3 be condemned tanthe use of the petitioner, Elkhorn and '3
3 Beaver Valley Railway Campany, for the purposes-aforesaid, ’g
% and for all general 3nd special relief. ‘2
' flag, @é :
, , V“
E; Attorney for Elkhorn and :fi
; Beaver Valley Railway Company. »%
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STATE 01? KENTUCKY, ) ‘ -_-
COUNTY or more. ) ‘ SGT. - 1»;
The ai’fiant, we. Kite, states that he '
‘3 is President of the Elkhorn and Beaver Valley Railway
Company, and that the statements of the foregoing

petition are true as he believes. 36
’3‘ I . “i? ~ M .
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1 Sworn 20 before me and subscribed in my - _
gr} presence this 52 day of , 1911, by, - i
.’f w. F. Bite. 3% ..
1 I My cammiseion expires fl ((7 /ZZZ 1.:
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