xt70zp3vt865_254 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. Layne, Cortes et al. v. Layne, Moses S. et al text Layne, Cortes et al. v. Layne, Moses S. et al 2016 https://exploreuk.uky.edu/dips/xt70zp3vt865/data/63m46/Box_24/Folder_7/4342.pdf 1849-1917 1917 1849-1917 section false xt70zp3vt865_254 xt70zp3vt865 ///
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Cortes Layne, at ale, Plaintiffs. 1
Against §§§§§ DEPOSITIUNS FOR PLAIN?IFFS.
1 Hoses 8. Layne, et ale, Defendants.
The deposition of Mary J. Layne and others, taken at the
law office of Harkins e fierkine, in the town of Prestonsburg, 1
." Floyd County, Kentucky, on the 30thday of August. 1916, pru- i
euant to notice for August 26th, 1916, and adjourned by can—
> sent of the parties herein to August 30th, 1916, to be read 1'
1 as evidence on behalf of the plaintiffs in the above entitled a
cause, now pending in the Floyd Circuit Court. H
1 The witness. Mrs. Mary J. Layne, being of lawful age and »
’ by me first duly sworn, testified as follows:—
. - Q. Please state your age, residence73n$
A. I reckon I was 61 last May and live at Harold. M
Q. Were you the wife of Will fl. Layne?
A. Yes sir.
Q. ' Is he now living or dead? I
A. He is dead.
Q- When did he die?
A. He died in July, been dead sixteen years the fifteenth
or last July. '
Q' Where did he die? *
A. He died at home there at his residence. 4
Q- In Floyd County? '

 a/A/
.1/1/ .
w
x/ S
..2- '
A. Yes sir .
Q. How many years had you and him been married?
A. Thirty-nine years the 12th day of July. 3
Q. How many children were born to that marriage?
A. ‘ There was nine, but I Just raised seven.
Q: Given the names of those children? fi
A. hoscoe Layne, Dallas Layne, hora Layne, Dora Bows new.
‘ James s. Layne, Henry Layne, John Layne and Birdie Layne,
Birdie Jackson now.
Qe Is Uortes Layne also your son?
A. he, sir; he is my step-son. i
Q. hr. Layne had been married before?
. . A. Yes sir.
I u. how many children were born to him and his first wife?
A' They raised five.
Q. ~ What were their names. ,
‘ V A. Cortes Layne and Annas hitchell and FIOra'hstfihssd and
Coosie Williams.
Q. The children of hr, Layne and hisfirst wife, who died,
were they married at the time of their death?
A. No, sir. I
Q. How old were they? . .
A. 'One of them, the last one that died he was going on
thirteen years old. He flee the oldest. The others were
Just infants. .
u. The children of Mr. Layne and his first wife :1:: who
are dead. died before Mr. Layne?
A- Yes sir. ;
Q. The children which have died born to you and Mr. Layne

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.3. .
did they die in infancy?
A» Yes sir; both of them was eeventeen months old.
g. The parties whom you have named were all the childnen
of hr. w. H. Layne? -
A. Yes sir. ‘
Q. Do you know H4 8. Layne? .
A. Yes sir; I reckon I do. ‘ '
g- What relation is he to William E. Layne?
A. They are brothers.
Q. how long have you known h. S. Layne? . ‘
A. I have knofin him ever since I have been married, about
thirty nine years.
g. .Wae he frequently at your house?
A. he used to be. He dent never come to see me now.
Q. When you say he used to be, what time do you meah?
A. Well, in Bill's lifetime. '
Q. In speaking of 5111, you are referring to your husband,
William H. Layne? I
A. Yes sir.
Q. Woe M. S, Layne frequently then frequently at your house .
during the lifetime of Will h. Layne? ~
V A. Yes sir. v
Q- What Wee the relationship or state of feeling between
your husband and m. S. Layne?
A- Well. it seemed like he always thought more of him than
any brother he had. Seemed like they always had dealings y
togetherand always traded together.
Q- You mean that your husband thought more of h. S. Layne .
or that M. S. Layne seemed to think more of your husband?

 l
-4-‘ .
‘ A. Seemed like my husband thought more of him than any
brother he ever had. Of course I dont know what Sont‘s
(M. S. ) feelings were to him, but I reckon it was about the
same to him. - v
a. That was your impression by reason of the actions between
the two? J
A. Yes sir. ‘ I
o. What degree of oofifidenoerif any, did your husband have
in H. S. Layne? ‘
(objected to) 7 ‘

A. Wall, he just thought he was alright and that was his
dying words.
Q. What was his dying words?
A. His dying words, the lost words_I could undertsand
what he said is that my brother will treatzqy family right.
(Objected to)
Q. In speaking of his brother that Way, did you under-

. stand him to refer to his brother T. S. Layne, the defend-
ant in this case? \

(Objected to—
o A. Yes sir; he called his name.

Q. Are you acquainted with the tract.of land above Toms
creek known as the old Harry Strqtton farm?
A. Well. I passed it late of times. He always showed me '
the lines, where the lines was} '
Q. Who always showed you where the lines run?
A. my husband. We would pass the land and he would tell
me where the lines run, and all about it, and told me that
half of it waa his. (Obdooted to by defendants.) ,v

 -5..
Q. During the lifetime of your husband, state whether or not
he claimed to own a half interest in this Stratton farm above
the mouth of Tom's creek?
(Objected to—

A. Yes sir; he claimed that he owned it. o
%~ Who did he say owned the other half?
A. Sent Layne.
ow The defendant,fl. S. Layne?
A. Yes sir; he always told me that they bought two farms
in partnership. '
Q. ~What two farms? I _
A. The Mose Meade farm and the farm we live on.
Q. Then up until the time of his death, he claimed to be

’ the owner of an undivided one half of this Harry G. Stratton» -
farm above the mouth of mere creek?
A. Yes sir; he did: (ijected to- ‘
Q. Mr. may says you didn't say that, What did you state.
A. ' I
Q. Eor what length or time and up to what time did your
hueband claim to be the owner of half interest in the Harry
Stratnon farm above the mouth of Iowa creek?
A. He Just claimed it as long as he had breath to talk.
Q. Was that the land he was referring to at the time of
his death? ' »
A. Yes sir; that was the land.- ' .

_ i Q. You know nothing of how this farm was paid for or V
how it was bought?
A. He always told me that him and Sant hauled new logo and
paid for it. (deected to- ;

 ‘ -6-
q. Was Sent present at the time he made those statements?
A. No, he never was present, but he always told me how they
paid for it.
- Q. I believe you say you have known hr. M. S. Layne , the
defendant, for about thirty-nine years, ever'sinoe you have
been married?
A. Yes sir. '
Q. flhere has he lived during that thirty nine years?
A. He has lived there on the home place Where he is at
now. _ V
q. Lived there during that time? V
A. ‘ Yes sir. I
Q. Still lives there? '
, A. Yes sir.
m Now, how long was your husband sick before his deefih?
A. He was sick eleven days and a half. ‘
e. What disease, 1;:“ you know, did he die from? a . .
A. The doctors claimed he was overheated; but I thought ‘
‘ it was typhoid fever. I reckon they knowed more than I did
Q. What doctor was it? v
A. Dr. Walters and Dr. Stallerd. ’
Q- How old was your husband when he died?
A. He was about sixty-one I think- I think he Was 61 years
old in march, and he died in July following.
Q- Did he take suddenly sick when he took Sick?
A. He Just took a pain in his back, in the hips. He was
not out of his head any. 1
. Q. Was his condition very serious for a few days before V

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his death?

' A. Right smart, seemed like he suffered a right smart with ‘
pain but he knowed all about it, wasn't deranged any, knowed
what he Was talking about until he died.

Q. None of these statements you mention his making were
made in the presence of Sant Layne or any of these other ,
V parties?
» A. No. sir.
Q. He§e you a family record at home; Hrs. Layne. showingthe‘
- ‘.éete_§fit§go3death of your husband, Bible record? - '
_ A. I dont know whether it was ever set down ifi the Bible.
. or not. I dont remember that it was. I dont ehink it was
ever set down, for I always thought I had mine enough to keep
it without setting it down. I always liked my husband.
Q. You are speaking of his death of July 15th, 16 years
‘ ago from recollection? :
A. Yes sir; he died in 1900. >
Q. July 15th, 1900?
A. Yes sir.
g‘ During the time that h. S. Layne has lived on this I
tract of land above the mouth of Tome creek, has he had it
enclosed by fences and cultivated and ueed it as his own?
' A. Yes sir; he used it as his own. but we used his half
up there as our own.
Q. Up where? ‘ f
A. On the home farm there below the mouth of Mud.
‘ Q- The Moeeo Meade tract?
A. Yes sir. '
Q- He sum. owns a one half interest in that. does he?

 '3
. —8~
A. E0. air; they come up there and took their part of it
and sold it.
. 133 ‘.1’ho did?
. A. Giant‘s boys.
o. Who did they sell it to?
A. We bought out three or four shares of it, and they
sold these shares of it to the nonmany. That is how come
that cool company in there.
g. Since A- 5. Layne has lived on this property down below
L .yomr place and above Toma creek, where has your husband lived?
_ A. He lived on the Moses Head :13 farm.
€g,- That is a dif’fs’men‘b tract of 19nd. and on the opposite
side oi the river fame two miles above Sant Layne‘s place?
A1 Yes air.
5. where do Sant Layne's children live? .
A. Well. some of them lives there on the form and some
lives on Toms's creek and one of them lives down about Oat—
letpoburg. ,
Q. 30 those that'have been living on the form there above
Toms crook live in houses and claim to own a portion of
the property? '
A: They are living there in houses, but of course I dont
know what they claim.
Q. ' What was Sant Layne's first wife's name, if you knOW?
A. Rena Clark.
Q. Commonly called Cyrena Clark. is it not?
A~ Rena is all the name I ever heard her called.
Q. You recollect not many years ago your husband was engaged
in the mercantile business up there, selling goods?

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At No, sir; not there.
Q. Your husband, was he engaged in the goods business?
A. No, sir. ‘
Q. Never? ' V
A. Never while he Was with me, he was not. .
u- ror the last thirty nine years, he was not engaged in
the goods business?
A. 1650, sir.
g. Do you know whether or not prior to the 14th day of
October, 1886, he became indhbted to a firm in Cincinnati
by the name of Duncan, Ford and ' ?
A. No,sir. _
I Q. You dont know anything about that?

A. No, sir. ’
u. If the records of the Eloyd Circuit Court show he did
and exaouted a note and Judgment Was taken against him. yefi
know nothing about it?
A. I dont know nothing about it. , . ‘
u. You dont know anything about how this land was acquired
is which your children claim to own and which you claim a
dower interest in now? '
A- He got hold of it by hard saya' work. .
Q. Who did he buy it from? Your husband?
A. He bought it from old Harry Stratton and he give them a
title bond. I redkon. They is the way he always told me.
That bond will Show you. '

p Q» Do your children claim any land in the Harry Stretton
farm below Tom‘s creek? I f '

5 A- No, sir. , p ' ’ I
q- Then all that you claim, as I understand it. is about

 §
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the mouth of Toma Creek?
A. Eu, sir; we dont claim any below.
' w. You dont claim any up on Toms creek?

A. 1:20, sir. ‘

Q. Where is the particular portion of this farm that you

do claim?

A. VIt is above Toms creek up to Er. Stanlay's line. ‘

{Plaintiff objects to the question, because the

pleadings Show Just exactly what is claimed.)

q. Then,do you claim a half intérest in all the land from
Toms creek up to the Stanley line?

A. Yes sir.

Q. hunning with the county roafi ox including the hill
above the road?

A. Ho,sir; the hill above the road too.

g. Ar6~you familiar enough with tne location of that Harry
Stratton farm anxgn to know ahnxhxxxxx whers the outer
boundary lines run, in a general way? ‘
1mm, sir; I aint.

a: no you know where Toms creek emttiéxipto Big Sandy
river?

3, Why.1 think 60.

Q. Do you know where the state road or county road crosses
Toms creek?

A. Yes sir.

i Q. I will read to you a description of a tract of land:
. “Beginning at a stake on the north bank of Toms creek stand-

ing 250 yards above where the road crosses said creek (state
road) just below where moses S. Layne lives; thence a

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straight line northward to the top of the ridge to Joseph H
Davidson line on the north side of said creek; thence with
said line and top of the ridge eastward to the back line of
‘ said line in the head of rams creek; thence with said ridge
and line around the head of said Greek to the too of the
ridge which binds it on the south; thence with the top of
the ridge and the line of land deeded by Joseph m. uavidson, '
Sheriff, etc.. to tease 5, Layne down to the end of the
’ .point above the road; thence dawn said point with said line
to Toms creek at the crossing of the road; thence up the creek ’
to the'beginning. I will ask you if you know where tht
tract of land 16? '
I .m No, sir“ '
‘ %. Do you claim any portion 0f that land? I
A~ I dont know where it it is at. I couldn't say.
' I '43. You don‘t claim any on. 330an creek? V
A. Of course if we had our Just rights, we have got some
t on Toms creek— the old man paid a lot of money in there and '
last it.
Q. You dont claim any on Toms-creek or below Toms creek?
' A. 1530, Sir. ‘
' RE DIRECT EXAMINATIOXL;”
, Q. Mrs. Layne. was it necessary for you to enter in the
F amily Bible the date of your huaband's death, in order
, to take you remember that date?
A. ' E0, sir; I reckon not. ‘
Q- Do you know that the date you have stated is the date
on which he died?
A. Yes sir,, .

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' -12- .
Q. so. may has asked you with regard to the lands claimed
by you and your children in this suit. State Whether or
not the claims which you hate made and the lands which you
claim are those set out in the petition and amended petition _
, which you have filed in this case?
A. Yes sir.
Q- Thee has been filed with the petition in this case a
_ certified copy of title bond made by Lindsay Layne to n. s.
Layne and william h. Layne, dated August 3rd, 1860, recorded
’ in deed book 3 page 154, fire you willing to refer to tht '
title bond and make it a port of your deposition in this
case? I
. A. xcs sir.
Q. There has also been filed with and as part of the '
i ' petition in this case certified copy of deed of conveyance
from harry Stratton and Wife to Lindsay Layne dated November
19th, 1849, recorded in deed book E page 573. Are you will-
ing to refer to and make as part of your deposition in c
this case thst certified copy of the deed? ,
d A. Yes sir; I reckon I am. “
Q‘ There is also filed in the amended petition a certified
copy of deed from Harry G. Stratton to Lindsay Layne. dated
. July 15th, 1856, recorded in deed book G page 319,
‘ Floyd County Court Clerk‘s office. Are you also willing
to file, refer to and make part of your deposition in this
case that copy of the dead?
A- Yes sir,: - -
Q. Mr. qulhae asked you as to where your husband‘lived
and as to where Sant Layne lived during your husband's life-
time. Was Sent Layne the owner of a half interest. or :

 i V
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rather the owner of a throe-sevenths interest in the hoses :
head farm where you and your husband lived? :
A. Yes sir; he was. :
Q~ And he has received, or others for him and claiming _
under him, have received their portion or the Moses heads i
farm, have they? j
A. Yes sir.
Q. Then as I understand you, your husband and Sent Layne
own Jointly six—sevenths of the hoses Meade farm and the_ ;
, whole of the harry Stratton farm above the mouth or iomecreek? j
A. Yes sir. _ .
%., And that your husband lived over on the these heads A
farm and aunt Layne lived over on the harry Stratton term?
A. Yes sir; that is the way they lived‘
I AND BURTHLR DflPUNHHT SAITH NOT I
‘ - (SIGNATURE wanna.)
» ...—.‘...... .QW...
Also the deposition of CORTES LAYNE, taken at the same time
and place and for the purposes stated in the caption, Said
witness being of lawful age and by me first duly SWOrn. teatio
fied as fellas:-
Q. Mr. Layne, pleased state your age, residence and occupa-
tion? ,
A. My age I guess is about 51 paet.and my occupation is
general labor, some mining and some farming.
Q. Where do you live?
A. I live on the farm there at home, that is the hoses
Meade iarm. '

 i
. “14* .
q. You are one of the children of W. H. Layne, deceased?
‘ A, Yes sir; the oldest one.
Q. What was ehe date of the death of your father, Hr.
Layne?
‘ A. I dont remember- I never taken any record of it.
Q. How long has he been dead?
‘ A- I guess he has been dead about fifteen or sixteen years,
‘ I reckon. I never Laken any record of his death.
Q. now many children are there of William H. Layne that
are living? '
A. There was five of his eiret and then all of us last
children, nine I redkbn. Two of them died, I know,— two
' small ones.
. w- Jid those who died die in infancy?
l. Yes sir} ‘
‘ Q. And before the death of your father?
' .A' Yes sir.v '
V L;.' Are you one of the plaintiffs in this case, hr. Layne
A. Yes sir. ‘ ’
Q, Are you acquainted with the'trect of land which is V ~
mentioned and described in the petition in this case, as
follows (Attorney here reads description). The same land
also mentioned and described in a title bond from.Lindsay
‘ Layne to moses S. Layne and William E. Layne, dated August
3. 186b, recokded in deed book A page 154, Floyd County
' Clerk‘s office. and the description in which is as follow:
The same land that n. Stratton has made a deed to me for
it being that part of the farm that is above Toms creek
on Sandy rhver known as the upper end of the old Harry I

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, Stratton farm and above the mouth of Toms creek agreeable
. to the calls of the deed made to me by the said Stratton?
' A- He always claimed it.
.~ Q. Are you acquainted with that tract of $énd? '
A. Yes Sir.
Q. Are ygu willing to refer to and make part of your _ ‘ A
deposition in this case a certified copy of that title bond
Which has been filed with the original petition?
A. Yes sir.
Q« Are you also willing tb refer to and make a part of
your depositibn in this case a certified copy of the deed
of conveyance from Harry Stratton and wife to Linésay Layne,
dated Eovember, 19th. 1849, recorded in deed book E page 573
and the certified cogy of the deed of conveyance from Harry
G. Stratton toLindsay Layne, dated July 15th, 1856, recorded
in daeé buck 0 page 319. Floyd County Clerk's office?
A- Yes sir, , V
Q. I believe you are the oldest child of William H. Layne?
A. Yes sir: supposed to be.
%. no you know the defendant h. S. Layne?
A. Yes sir.
Q. What relation was he to William H. Layne? ‘
A. Brother.
Q- Whap was tha extent of relationship or confidence between
your father, William H. Layne, and the defendant Koses 3.
Layne? ‘ -
‘ (abgeoted toAQ

A. He put lfiia of confidence in him.
Q. What wasitheir manner of doing business?

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.15-

. A. Seemed like they always understood each other's bus-

' iness— looked that way.
Q- Qid they transact a great deal of their buéiness Jointly?
L. Always when there was trouble of any kind coming up they
were always together in their troubles, looked like- any
trouble of any suits coming up, seemed like they always

, understood one another, and would talk over it . I dauldn't
know anything about their talking, but I would see them out
by themselves; talking.
Q” Your father and E. S. Layne at this time were always
on the some side or the cases and their interests were mutual
and identical?
A. Yes sir. _
Q. Do you know the extent of confidence your father had in
Sant Layne?
A. He always believed he would do right in everything, at

. - least he always told me no thought he Would. 7
QT fluring the lifetime of your father, state Whether or
not he claimed to be the owner of half of the old Stratton
farm above the mouth of Toms creek?
(Ubjeoted-to~
A. He alWays told me he did.
Q. Since the death of your father, state whether or notyou
children have claimed to be the owners of an undividea half
interest in it?
. A. Yes sir, . Y

Q. The defendants claim in this case that the following
tractof land is a part of the Stratton farm above the
mouth of Toms creek and claim to have acquired title to the
SB .

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some: "Beginning at a stake on the norih side of Toms
Creek sfianding 250 yards above where the road croaoea . ’
said creek (state road} just below where Moses 5. Layne
lives; finance a otraight lino northward to top of the ridge
to Joseph M, Davidson line on the north side of 331d creek;
thenCQ with said line and top oi the ridge eastward toward
the back line of said ridge in the head of Toms creek; thence

. with amid ridge and line around the head of said line to
the too of the ridge which binos on the west; thence with

, the top of the ridge. etc." including all the lands Iormerly
owneo on said creek by hoses a. Layne above said lower line
and being the some land conveyed by Joseph L. Davidson to
koses S. Layne. 1
State Whethsr or not this tract of land, description of
Which I have just read to you is a part of the harry fitratton
form above the mouth of Toms Greek,and if so, what oortion
of it?31 ;“i 7'."F %

- .A. Thaohthére Toms oreek line, I-dont know how for it goes
back in that Toma orsek fiountry. That part of the line I
‘ dont know anything about. '

Q. Is there a oortion of the land embraced in this des—
cription which is above the Toms'oreek side or on the Tom
Creek sfide of the Harry Strotton farm?

> A- Yeo, there is a little bit of it, 1 think. All I know
about it; is Just what he told me. '
Q~ What who told you?
A. . fi‘fiy father. ., , ~
Q' Did Sant Layne ever tell you anything about it?
A; No, sir; never heard any talk about it.

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Q. i will read to you the description of another tract of
land claimed by the defendants, intervening defendants, in
thia case, ”Beginning at flue mouth of Toms creek and running
up said creek to the State road; thence up the ooint on the
east aide of said creek to top of the ridge to L. Layne'e
back line in the head of toms Creek; thence with said line
short
west to big Sundy river a/dietanoe abOVe the mouth of ~M«___‘_
creek; thence u? the river to the beginning. Ia that land
embraced in the harry Stretton farm on the upper side of
Toma creek? ,
a A. Yes sir; tnat ie what my father claimed, all on the ’

river Side to the topoi‘ the hill t0 the riverside.
I was over in there too, but i dont know how far the line Y
run back in there. '
Q. what portion of the area of the Stratton farm above

I K the mouth of Zone creek does this description which I have
just read to you cover?
A. It covers Irom the mouth of tome creek up the river
up to the Pam Layne line, is what he always told me it did.
a- who oefanaants also claim to have acquired title to
toie tract : “Beginning at the mouth of the Orchard branch;_
thence on said orange to‘a point opposite the Graveyard
point; thence a straight line to the top of the Graveyard

' point; up same to the tap of the ridge; thence with the
. top of the ridge to Elizabeth Layne's line; thence with

said line to Big Sandy river; thence down the river to the
beginning." 1 State whether or not this tract of land is
on the magazixn upper side of Tome Greek or whether it is
embraced withinlthe lines of the old Harry stratton farm

 I
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above the mouth of Toms creek?
A. Yes air; it is on the uDDer end of the farm,
. Q. Is it on the upper portion of flows creek?

A? Yes sir; above Tums creek.

H~ haw much land in controversy does that cover?

N. I guess that covers. I dont know how many Dorea of it.

%. .yhat proportion of the whole?

A. I exnect there is EDmathing near half of it, looks

like. X couldn't tell anything about it unless it NaS run

out- but something like that.

Q. V Your impression is then that it comers about half or '
the land above Toms creek? *

A. Yea air; as near as you can look at it and see-

Q.. They also Claim to have acquired title to this tract

of land: "Béginning on a mails at the mnutn Of Toms Creek;

thence up the river with its meanders CO $.1arae sycamores

_ to iha edge Of the river; thenCD up the river bank and up the

bottom to a Emall elm on the ruadside; thence down thf road '
to Toms Dréek; thence down tné road with its meanders to '

the beginning, containing 15 acres, more Dr less. " Ia -
that alab embraced in the land of Harry Stratton above the

mouth DfITomsgcreek?

A. /&es sir./

Q-fl,.ficw much land embraced in the Harry Strétton farm above

* the-mouth of flame crack is there that is not covered by any
' of these deacfiiptions which I have Just read to you?

A- I dont anw exactly how much. I

q. Give youribest impression.
A. You see finat upper piece there it takes a part of the _
mountain lanflw This other ane cuts off at the county road

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leaving a lot up in the mountain that dont seem like ever
has been sold, seems to me.
n- Enen there is a portion of the harry Stretton farm above
the moutn of Toms creek that is not embraced in any of these
uescriotions which are set out in the detendanteclaim?
A. i think there is. Looks like a great big tract in
there there is nothing done with. t
g. was there formerly pending in the Floyd Circuit Court
a suit 103 LEE settlement 0: the estate of Judge Lihdaay I
Layne? ‘ l
A. No, air; never heard Bnything about it,
w- fies there a suit pending between the children of Lindsey}
Layne in which they were attempting to charge each other with
adVancemente from their father's estate? ‘
A. no, i oont know anything about it. I had no notice
of it if} any Vera/31‘ _ V
4. yo you know whether or not in the suit fiormerly pending
in the sloyd Circuit Court and affirmed on appeal to the Court
of Appeals, that this property Was adjudged to belong to youi '
Iathér and to(sfiygc%g&neolointly? The harry stretton farm?

' A. Yes sir; i have heard of that. I heard Mr. Coiey Fer—

, gusou read it.‘ ‘1”
go Are you willing to procure and file as part of your
éeposition in thia case the judgment rendered in that old _
case? .
(Objected to“ . e .
A. Xesésir. ‘
Q. Ir. Layne, where is Ivy creek with reference to Toms
creek:

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'2}
A. Right smart distance. below.
Q. How far below? .
A. From Toms creek down it is something near between half
a mile- something like that, maybe three—quarters from Tome
creek, as near as I can guess at it. ‘
Q. Did a portion of the Harry Stratton farm lie below the
mouth of Tome creek and between Tome creek and Ivy creek?

‘ A. Yes sir. ‘ '
Q~ In asking you as to the description a moment ago and
thosfi‘deifiorig-tation which I read and which 1 will. again redd to
you: ”Beginning at the mouth of Toms creek and running up
said creek to the state road; thence up the point on the

> east side of said creek to the top of the ridge to L. Layne'a
_ :22: on the head of the creek; thence with said back line
west to Big Sandy river a short distance above the mouth or
Ivy creek; thence up the river to the beginning. " State
whether or not you understood the description a3 read to you,
and whether or not that tract of land is below or above Toma
creek?
_ A. Well, it is below the mouth 91' Toms creek. "
q- 13 it any portion of the Harry Strattcn farm just above
‘ the mouth of Toms creek? _
- A. E0, air. »
Q~ About what portion of the land included in the Harry
Stretton farm above the mouth of Toms creek is there that is _
not embraced in any of these deacriptiooe that I have read .
L to you as being claimed by the defendants?
A. Well. there must be: I couldn't say. for I dont hardly
know. It would be a guess on it, all I could do. I guess I

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.22.

there is somewhere between seventy five and one-hunaad ,
acres of it. Just looking at it. I never seen it measured. ‘
Q. Is that hill land or bottom land?
A. Bill land, » _ - 1
o. Is there any bottom land in the old Harry Stratton farm 1
wnich is not included in these tracts claimed by the_defcnd-

' ants, that they dont claim in these papers? , ‘
A- I dont know what is up that branch; for I couldn't tell “

I you, for I dont know. The claims that is on it they are 1
claiming all the river bottoms, from the way they have got 7
the papers there—seems like they cover the river bottoms.
%- But you say there is 75 or 100 acres of land embraced
in the old Harry Strattoo farm thot is not included-lo any
of these descriptions? ‘ 3 3 '
A» As near as I can guess at it. “ ’
(moss Emzmmzom BY 1111. A. J. MAYz- ‘
Mr. Layne, you dont know exactly where these boundaries of 3
land that hook been read to you by hr. Horkins lie?
7 A. I Just know where my father told me.

Q. Dont you know enough about the nature and location of
the land to know where they run? -

- A. Some of them they claim run below that and some above.
He always claimed above Toms creek.
Q. I am not asking you what they claim. I am ling asking I I.
you if you know enough about the lay of that land to tell

3 where these descriptions run? I
‘ A. I have been over some of it a right smart. » ‘

Q” Do you know enough about it to tell where th one do-

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' :Qendptone run,
A You can ask your questions which one of these places
and I can understand it better. ‘
Q. I will read to you the first tract of land mentioned
. ‘ and described in the petition of John L. Layne and others
to be made parties filed in this case, which tract is dew
scribed as follows: Beginning at-e stake on the north
bank of Tame creek standing 250 yards above where the road
crosses said creek (state road) . etc. etc. Thence up the
creek to the beginning, including all the lands owned on said
' creek formerly by E. S. Layne. I
New I will ask you if you know where that tract of land ‘
is? .
- A. No, air; I aint acquainted with that upin the head of
that creek that way~
q. State whether or not that tract of land covers prac«
tically all of Toms creek? I V
A. I dont hardly think it takes all of it, the way it was i '
showed to me ie all I knowed about it,
Q. Does it cover most of it?
A. It covers the biggest portion of it.
Q- How. I will read to you a description of the second tract
of land not out and described in said petition to be made
party as follows: Beginning at the menth of Orchard branch;
thence up the said branch to a point opposite the Graveyard
point; thence a straight line to the top of the Graveyard
‘ point and up the same to the top of the ridge; thence nith
the top of the ridge to Elizabeth Layneue line; thence with
the said line to Big Sandy river; thence down the river to

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the beginning. *
Do you know where that land is: -
A. That is supposed to be the Orchard Branch, xx if I
understand yfiu. right there at Moses 3. Layne'a- .
q. Do you know where that tract of land is? V
A Yes, I worked on part of it, cut some timber off of
. some of it.
Q. Does that tract of land lie entirely above the mouth
of Toms creek?
A‘ Yes sir.
Q- What proportion of all the land above the mouth of
ioms creek does that cover? '
A. It crosses at the mouth oi the branch there at the house
there of Mr. Layne's. it takes about half as near as I can
’ guess at it from the mouth of Toms creek up the river way
in the upper end of what we alooys called the upper end or
the farm, ‘
Q- Then you think this tract covera practically half of
all the land from the mouth of Toms creek up to the Eliza-
beth Layne line? ‘
A. Yes. ,
Q. Who was Elizabeth Layne? I
A. That must have been Pam Layne'a mother. I suppose. ‘
Q. The Elizabeth Layne line referred to in this is the upper
line of the Harry Stratton farm? V
A. Yes air; that is what we always called the Pom Layne
line.
Q. I will read to you the third tract set out and de-
. scribed in the petition of John L. Layne and others to be

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«25.
made parties, as follows: Beginning on a maple at the ‘
mouth of toms creek; thence up the river with its meanders
to large sycamore near the edge of the river; thence up the h ‘
river bank and across the bottom to a small chm and mulberry
by the roadside; thence down the road to Toms creek; thence
. down the creek with its meanders to the beginning. contain~ .
ing fifteen aoresw more or less.
Do you know where that is? v
A. I dont know where the sycamore is. I know where the
land lays from Toms creek up, in the bettom, but I dont know
how far thatthere runs up.
Q- Do you know whether or not this tract of land lies
above the mouth of Toms creek?
‘ A. Yes.