xt70zp3vt865_212 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. Goff, I.W. et al. v. Lowe, O.B.M. et al text Goff, I.W. et al. v. Lowe, O.B.M. et al 2016 https://exploreuk.uky.edu/dips/xt70zp3vt865/data/63m46/Box_21/Folder_15/2474.pdf 1860-1901 1901 1860-1901 section false xt70zp3vt865_212 xt70zp3vt865 l
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l P I K E C I R G U I T C O U R T . '
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T.fi. Goff, Sarah E. Young,hihe Young her husbani,
. Dixie Mhrphy and F. W. Murphy her husband,Jenrie
tPurcivel and John T. Purcivel her “usband,Maggie
'Sluss and J.H.Sluss her husband,David Goff and
‘T. N. Goff, Plaintiffs.l
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Against. Petition Equity. !
O. D. 1. Lone, Orison R. Lowe, Sr., 0. h. Lowe,Jr., '
'Lauyer T. Lowe, Thomas Runyon and Henderson Scott,Defendants.
! The plaintiffs, I. W. Goff, Sarah E. YOung, and Mike
f Young her husband, Dixie Murphy and F. W. Murphy her hus—
[band, James Purcivel and John T. Purcivel her husband, Maggie
Blues and J. H. Sluss her husband, David Goff and T. N. Goff
Isay that the said I. N. Goff, Sarah E. YOung, Dixie Murphy
Jennie Purcivel, Maggie Sluss, David Goff and T. N. Goff
lare the children and heirs at law of the late John D. Goff
who departed this life the 28 rd day of July, I897, domiciled
{in Pike County, Kentucky and intestate leaving surviving him
“the above named his children and heirs at law to Whom his
{estate decended.
E That on the 80 day of June I860 the said John 3.
hGoff entered and had surveyed the following described tract
Jor parcel of land situated in Pike County Kentucky and there
“—after the sane was granted by the Commonwealth of Kentucky
flby letters Patent bearing date August 16" I86I, Patent-% 3486i
”and having procured patents therefor as vacant and unaprOpri—J
hated land and have thus cast a cloud upon the title to the [ '
”lands of these plaintiffs and are non givirg out in speech I
”that they are the owners of said land and thus imparing the
“value thereof and otherwise harrassing and annoying plaintiff
Hin the use and occupation of the s me. 1
H Plaintiff further s ys that the defendants O. B. M.1
“Lowe, Orison R. Lowe,Jr., O. R. Lowe Sr.,Lawyer Lowe, Hender-|
fison Scott and Thomas Runyon are threatening to enter upon 1
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4 iistate of West Virginia, 1
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1 County of Mingo /' Set.
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1 The affiant Floyd W. Murphy says that the statsmcntfi
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1 of the foregoing Petition are true.
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11 F. I Murphy . 1
E Sworn to by F. W. Murphy to hB personally Known this 27";
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' 11day of October A. D. 1898.
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1 1 . A.R.mmfl6d,H.P. 1
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1 11 PIKE 0113131111: COURT.
‘ 1 ' January Term,Jan,5,1901.
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- «i 1 I. w. Goff? :..- 0.,
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1 Vs. Equity. 1
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110. B. M. Lows & c.
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1 The plaintiffs produced and filed demurer to Ans-
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ileer of defendants 0. B. H. Lows the defendant then in—
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1isisted on dcmurer relating bash to pctifiion the court being
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1 sufficcntly adVised adgudges than demure; be and is sustains
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11to the petition of the plff, and the patent sued on and made
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11a part of the petition is void upon its face for indeitness 1
lgand the court adju'ges that Petition be dismissed. To which
' 11ruling of the Uourt plff excepts.
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11 Petition filed Nov. 9, 1898. 1
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1EDate of Goff patent 1000 acres —2700 acres—excluded— Aug 16,
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111861.
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11Answer filed Nov, 84, 1899. '
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11Demurer filed Jan 87, 1900.
11Judgmsnt entered Jan 5, 1901.
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5thc lands owned by the plaintiff inside of the grants of 5

: jithelr ancestor and out side of the exclusion from saii patent

5 5ond to out, remove and carry away the timber growing upon

5 Elsxid land. That the same its oheif value and is of the sub—

5stancc of the inheretenco and by doing so great and irrep—

5 larable injury will be done them which could not be compen— E

5 isated for in damages.

5 [5 That in removing sail timber form plaintiffs land

5 ”they will commit numerous and repeated tresspasses and will

5 5involve the plaintiff in numerous and vexatlous suite at 5

5 glow and by cutting and removing the tinmer and entering and

5 {surveying this land they are confusing the boundery lines of

5 5plffs lands and are destroying the unified corners, line

Lirees and other monuments of title.

5 5 Plaintiff says that no injunction has ever been gra
nted or refused by the Court or any Circuit Judge in this I
case.

Wherefore plaintiff prays 5
I. That they be adjudged to be quieted in tlir ownership,
5title :nd possession of said land.

5 58. That the cloud from plaintiff title to said land be re— .

”unved. '
53. That the e“id defendants be perpetually injoined from con
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‘ fifusing the bounderies of plaintiffs land outing or removing
Itimoef from said land harraosing or annoying plaintiffs in
[the use and occupation of enjoyment of the some.
I “4. That they recover of epid defendants all the cost herein

5expended and for all general and special relief. 5
fl James Gobe and Walter S. Harkins
5 Attorneys for plaintiffs.
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