<pre style="white-space: pre-wrap">xt70zp3vt865_205 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. Osburn, Della and Lee text Elkhorn and Beaver Valley Railway Company v. Osburn, Della and Lee 2016 https://exploreuk.uky.edu/dips/xt70zp3vt865/data/63m46/Box_21/Folder_8/2351.pdf 1893-1914 1914 1893-1914 section false xt70zp3vt865_205 xt70zp3vt865 ‘5 - ‘ “: *. ~ - ' * -' ‘ I - ' .ﬂaﬁrvﬁﬁ‘ﬁﬁﬁ
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3’ STATE OF KENTUCKY
u; FLOYD COUNTY COURT. ﬂ
, THE ELKHORN 8c BEAVER VALLEY ‘5‘:
LE RAILWAY COMPANY, , PLAINTIFF. ,J
$5 ' —Against— El
5% aaamawmam ,3
5 MWWWIW DELLA OSBORN, and .,,;
”WWW?“ LEE OSBORN, her husband, , LEEEEDAEES. :5
5 TO THE HONORABLE JUDGE OFTHE FLOYD COUNTY COURT:- ‘Q
55 :5
ii The Elkhorn & Beaver Valley Railway Company, applicant ﬁg
5? ,51
,f and petitioner herein, represents and states to this Hon— 5.
g orahle Court as follows:- ‘ R , J,
g That it is a corporation duly organized and created i
.g ' under the laws of the state of Kentucky, and particularly ;Q
a under and in pursuance of Article 5, Chapter 171, of an E?
3 Act of the General Assembly of the Commonwealth of Ken— 3
j. tucky, entitled "An Act providing for the creation and 3%
{a regulation of private corporations, approved April 5, 1895, :§
5 ,‘ “.' and acts amendatory thereof." That as such corporation ,5
i, ., .‘. If
g and in its corporate name, The Elkhorn & Beaver Valley 5X
ti ~ Railway Company, it is authorized to sue and be sued, con— if
5: tract and be contracted with, and to construct and operate E;
5 a line of railroad from the intersection with the Ches— ii
‘ apeake & Ohio Railway Company at Allen, in Floyd county, TE
: 5
f and state of Kentucky, through the county of Floyd, along 3w
2' the waters of main Beaver and of Right fork of Main Beaver, ,E.
? and route as surveyed and located by the engineers of the £5
? _ said Elkhorn & Beaver Valley Railway Company, and for that éé
:' urpose to purchase or otherwise acquire and hold all such %
5
g ' ,. ‘- 15%;!
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ET¥5r3555?1}.?J~iLLFFTa?15¢*IXL > - 4 . ,:555
Fringe?4:”La—213.93% in.“ .,5-:§;,:‘.::,g, . . , . . » ,5 ..

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{g real estate and other property as may be necessary for in
g the construction, maintenance and accommodation of its p
r. p
? line of road aforesaid, but not to be taken without the t3
g consent of the owner or owners of such property until 5
'? making compensation agreed upon, or ascertained in default 5%
i 135.1%;
5? a%&M&$MﬁM of no a r ement d aid or de osited a ro id d b 3?
$3 Mouzeydzﬁ‘gomW/m S h 8' 6 ’ an p p S .p V e y
1232.9920de ,W. .3:
a; y y law. :9
E The said Elkhorn and Beaver Valley Railway Company 3 3%
g further represents and says that the following land and E7; .
% material is necessary for its use for the purposes of 3
E construction and maintenance of its line as aforesaid,
i, which said land is situated in Floyd County, Kentucky, on ‘
.5 the waters of the Right Fork of Beaver creek, and partic— _ t
g ularly bounded and described as follows, to—wit: :3
A parcel of land lying on the west side of the Elk— gg
‘. horn and Beaver Valley Railway center line and described $5
1 as follows: Beginning at a point on the dividing line g:
1 $3
‘ between Dr. M. M. Collins and Lee Osborne and ten (10) ﬁg
3 feet distant from center line of the Elkhorn & Beaver f?
;. Valley Railway, which line if produced would intersect f}
5 said center line at Station 820 plus 98; and running S 56 f5
3 3 ;
1 'E 75 feet to a point on the said center line at Station =_
821 plus 75; thence with said center line S 27 55 E 25 3%
feet to station 821 plus 96; thence S 21 E 174 feet to a G’
l
point on the dividing line between Lee Osborne and G. S. 1
‘ E;
Howard, said point also being 55 feet; N 85 W from station 3%
1 1%
5 825 plus 87 of the Elkhorn & Beaver Valley Railway cermer Eg
y line; thence With said d1Vid1ng line H 85 W 25 feet to a ;s
3
3 point on the east bank of the Right Fork of Beaver creek; ?
.3 *’
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% thence With said bank of creek as it meanders in a north— i;
f westerly direction 250 feet, more or less, to a point on g
, '17 5?;
E said dividing line between Dr. M. M. Collins and Lee ff
ﬂ Osborne; thence With said d1Vid1ng line N 55 E 50 feet to g
a the beginning and containing Thirty—bwc hundredths (0.52) ,p
13.4
, r ' ‘ :7
yam 6’3?me :‘
$3 Amm%wg %w of an acre, more or less. Lg
3 914mm??? ' _ .
b? The said Elkhorn and Beaver Valley Railway Company §,
‘; would further represent and show that it has been and is '%Q
VI: ‘
g unable to obtain the consent of the said Della Osborn i;
2% ‘R3 ‘
:4,ng ' , , .
{a and Lee Osborn, her husband, as owners of said land, for a
51.4 - ’5'
g the use and appropriation thereof, or to contract or agree
is 3
y with such owners as to the compensation to be paid there—
; for. g,
7 i
d WHEREEORE your petitioner prays the court to appoint ii
, three impartial housekeepers of this county who are owners ;ﬁ
5 of land as commissioners to determine and assess the com— S?
~ , Ed
v pensation and damages the owners of said three—sixths g;
; undivided interest in and to said land and material may 3?
* ’ £3
i be entitled to receive for the apprOpriation and use there- :3
3'": ' 2'
f of, and that further proceedings be had in the manner pre— d?
, scribed by law whereby the said land and material may be 3
l‘. L.
‘ condemned for the use of the petitioner, The Elkhorn & ;
_ Beaver Valley Railway Company, for the purposes afore— Y?
.
\ , said, and for all general and special relief, ;?
Elkhorn & Beaver Valley Railway Co: i
,1 By g
E a
l Attorneys. 5%
t, i
3-
g 1:;
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$2; 2
"ti .
t swim or KENTUCKY, 2,2
‘3?
COUNTY or FLOYD. / Set. 2%
‘52} The affiant, o. t. Allen, says that he is the agent
of the petitioner and applicant, The Elkhorn and Beaver
Valley Railway Company, a corporation, and that no officer
2% gﬁmdqyfmﬁw or agent of said company superior in authority to affiant f
t? Mmmyd .ﬁ‘é’omd'm
“ WWWﬁh‘W is now in said county, and that the statements of the .
21 foregoing petition are true as he believes. 2
5 Subscribed and sworn to before me by C. L. Allen,
g the day of April, 1914.
_._
I; 2 2
NOTARY PUBLIC :.‘;ch co. ,KY.
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 .- - 3 11 w" 7- ‘ I . . NJ.» 1 ' I ’ " ’ v ., ‘—' :J'»:_—r “‘_.VC,‘ F 3
'1 (Q
; Floyd County Court.
5 3 Hlkhorn at Beaver Valley By. '00. 3.
I ! ' r
_ _- Against //
1 ellie Osborn etc.
3 Petition. 1 . 5
1 Filed in office of Clerk of
9 . Floyd County Court the 7«day
g {of April, 1914. '_ "" .
. . I . . erk loyd County Cour '.' ' .
,.:: ! '
3+ 1 -- i
5 ‘ ' '
3 HARKINS £2 HARKINS '7 .
> "XT T011NEYS AND COUNSELLOIKS AH: LAW
0 . : I PIU‘ISTONS B UliG , K1:

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