xt70zp3vt865_293 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. Reynolds, W.J. Jr. et al. v. Johns, John G. et al text Reynolds, W.J. Jr. et al. v. Johns, John G. et al 2016 https://exploreuk.uky.edu/dips/xt70zp3vt865/data/63m46/Box_27/Folder_3/8154.pdf 1912-1915 1915 1912-1915 section false xt70zp3vt865_293 xt70zp3vt865 E J
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‘ I I

 F L O Y B C I R G U I T G G S R T .
w. J. Reynolds, Jr.,
enthera,-«.-.-a«~«-—--~~~~uu~-~Pleintiffs
~Age1nst- AESfiER ARE COURTEE CLAIM OF
M. G. STEPHEIEE. 6e WEE-RS . '
John G. Johns e others, - - ~ - a — » ~ * - n n - Befendents
uuzzucuwaacmazaam
The defendants, u. G. Stephens, Claiborne Stephens
and Camillus Stephens, for answer and defense to plaintiffs’ w
petition herein, and for counter claim against W. J. Rey«
nolda, Flore Dingus and Rhode flowell, say that it is un»
true and they deny that on the death of t. J. Reynolds the
land and every sort thereof described in pleintiffe‘ pee
tition descended to or become the property of the plaintiffs
as heirawetnlew by inheritance from said William J. Reynolds
except that while the legal title deecended to them as to
part of the land as his children and heirs~et~law, that
part that did descend to them was charged with the payment
of the debts owing by the said fiilliam J. Reynolds at the
time of his death, and perticulerly that portion of the
same that was mortgaged by the said William J. Reynolds
V to John m. Halbert, as will more fully hereinafter appear.
They say that it is untrue and they deny that a short
while after the death of plaintiffs' father, or any time,
these defendants or either of them took possession of the
V said land, or any part thereof, either wrongfully or unlaw-
fully or that they, or either of the, have since wrongfully
held the same without right or authority, or that they or

 ‘ either of them have since wrongfully or without right or
authority kept plaintiffs out of fihe use or possession of
said land, or éeprivea them of the use. rents ené emolu»
menta of eeié lend, except as hereinafter stated.
> nefendante say that it is untrue and ihey deny that
they wrongfully cufi or removed from seid lend large. or
any, quantitiee of timber, or convertee it to their own
use, or that the value of eeideimber go alleged e0 have
been taken by these defendant Was or 13 of the value of
ever $10,000.00 or any other gem or amount. They deny
that the reasonable renfial value cg fihe lands ownedby
these defendenfle hereinafter aeecribed was or is $500.06
per year, or other sum about 35$.GG per year; bee they -
deny that they have depriveé the eeid plaintiffs wrong—
- fully of said rentals, or eny yerfi thereof.
4 For further answer one defenee herein, the defenaantg L
E. G. Stephene, fileiberne Stephens awe Gemillue Stephene,
4 say that the said Claiborne Stephens is not the owner of 4
nor in the possession of gay land that fillliem J. Reynolds '
'1 ever owned. but that the plaintiff, E- G. Steyhene, is
L the owner of the following deecribefi tract or pateal of 4
land. situated in Floyd County, Kentucky and bounded and
deecribed as follows, towwtt:
' 4A certain tract or parcel of land lying on the right
_ hand fork. of Bull creek in Floyd cgunty, Kentucky, lying
Just above the forks of said creek, boundea on the creek
above by the lands of Sydney Kayo; on the eeet by the
lands of m. G, Stephens an@ on the north by the lands of *
John Lee White anfl the west by the lands of A. J. Moore's
heirs and Sally fitone, and being the aame land conveyed to
. «.2-

 John E. Halbert by J. E. Kayo, master oommiasioner of the
Floyd Circuit Quart in the suit of John Q. fiaxris, admin-
istratar 0f the eatmte of William J. Reynolds, defieased,
against his heirs and creditors. to which reference is now
mafia for a better and more perfect description of said
land.
?ha defenfianta say that the d$fendant, a. G. ateyhena.
bsoama the owner of this lana under and by vlrtue of a deed
6f conveyance made to him on the 20th day of December, 189?,
by John M. fialbert and Eary J. fialbert, his wife, which .
deed is recorfied in deed book Re. 54 page 142. ?lnyd Caunty
‘ Guurt. That the said John M. Balbert becama the owner 9f
said land by virtue of a deed of conveyanae made to him by
John 3. Mayo, Master commissioner cf the Flayd Circuit
Court on the _._" day of WWW 189;. which said deed
was duly recorded in deed book “4; page £;;m; Floyd County
Court. That in an autism laze fiending in the Flayd Cir-
cult Court stylea John Q. Harris, administrator of the es-
. tats of William J. Reynaléa, daceased. against Flara Ray»
molds, William Reynolda, Rhafla Reynolds and Bavld Allen.
their statutory guardian and against Johnig. fialbert and
‘ John G. Johns, which was filed in said court on the 10th
day of December, 1896, which Was a suit for the settlemant
of the estate of the said fillliam J. Reynolds. That on
.V said day summons was duly issued by the clerk of the filoyd
‘ Circuit Court and was addressed to and placed in the hands
of the sheriff of Eloyd Caunty. Kentucky, who thereafter
exacuted the same upon the said defendants, Flora Reynolds
Rhoda Reynolds, fiilliam J. Reynolds Jr. and David Allen,
. , their guardian, and John a. Halbert and John 6. Johns.
' That thereafter on the 22nd day of Bacember, 1896, John M.
n . » ~ _ «3* v »

 fialbert presented and filed his answer, counter claim and

cross petition in said ease making his said answer, some»
_, tar claim a arose petition against Flora Reynolds, Wiiliam
it Reynolds, fihoda Reynolds and David Alien,their guardian,

and Rebecce Geyheart, Susan hcduire, Samuel moauire,

Alice floors, Joadd Turner, Belle Welles, Banke’fiallen.

, fiavid Gayheart and Kizie Gayheart“ That each of eaidddew
fendents were duly summoned to answer said cross petition
and thereafter on the fig” day of W53;gp;fiwggiflgggg an order

' of reference was made by the clerk of the filcyd Circuit
Gourt in vacation referring this case to the master com»
mieeioner to audit and settle the accounts and claims
against the estate of said williem J. Reynolds, before when
the claim of said John 3. Halbert was presented. That
said claim of John m. Halbert against the estate of William
J. Reynolds was evidenced by note hearing date August 14,
1896, which was signed and delivered by the said silliam
J. Reynolds to the said John a. Ealbert, in which and by
which the said William J. Reynolde promised and agreed to
pay the said John M. Halbert the sum of $928.65, with 6%
interest thereon from maturity untii paid. That the said ‘
note was not paid at maturity and was protested for non«
payment by George E. Archer, Eatery Public within and for
floyd County, Kentucky. on the l?th day of fiecemher, 1896.
fhct in order to secure the payment of said note the said
William J. Reynolds on the 9th day of January, 1892, made.

executed, signed and delivered unto the said William J.
Reynolds a deed of mortgage in which and by which he,the

' said William J. Reynolds, sold and conveyed unto the said
John M. Halbert that certain tract or parcel of land there»
in described. and the same hereinbefore mentioned and de-

 aaribed. That thereafter fihe master camaisaimner of the
Floyd fiirauit Court made &nd filed his report t$ said caurt
. in which he allowsd £0 the claimant John E. Efilberfi fine
amoumt 9f maid mate and interest and praiest feea thgréon,
which gaid reyort, by aréer 9f smii court, wag approved ané
confirmefi and an anather gay, fih~witz on the 20th day of
Fabruary, 189?, tha aaid suit of Jahn %. fiarris, adminieo
trafior of fiégaa Reynolds, eta., W33 auhmitted for aria: and
'. Judgment renflefied fiherain, and among other things adjudgeé
thafi az the date of his death Gilliam J. Raynolds wan flaw
debted ta the saifi John E. Halwert in the amflunt of aaifi
nata,tomwit: $938.65, with interest therean Exam Decemhsy
14132:. 3.897. until paid, and furfihar adjudgec} thsz'éf- the. game
., was a lien ugon fihe tr&ot of land hereinbefore set Sufi, and
thafi the same be Sold and tfle preceeda arising fram said
sale b3 apfilied in yayment of plaintiffg‘-flebt. intareat
anfl cost. -'
The defenfl&nts fuxfihar say thafi tha master commiasiaugr
4 of the Eloyé Circuit Gaurt by saia judgment was direetad t5
exgcaa amid land to sale and fihafi in purauance of said
judgment tna said commissioner on the5§€i day of A§ria, 1897,
affier having ndvartisad the time, terms and ylnca af gale of
said land in the manner prasoribed by law, and affier having
’ the amne appraised by two digninfieresfied citizens ané house—
keeyers of Elayfi eounty nut ralatefi to any of th& partiea to
. said action, who in writing apyraised fihe same, which Sfiid
apgraisement Was returnaa with the repcrt cf gala, and at
8&id sale F. A. fiapkina fiecame fihe purcha$er of the trafit
of land gq described in tha martgage at the price cf
g . 55f. , and thereafter by his writtfin asaignment molfl
. . . .5... ‘ >

 assigned anfi transferred the benefit of his hifl to Jana M.
Ralhart, amfi that mpem saifi repert 0? sale being:aaée to
‘ ma film: in me: new Circuit- mm, am after laying;

away f0? exaeptions anfi pane haviwg Eeem filed Lherefio,
ithe 55am :myfitc‘t LmL i1 as 17:31.55 1:?er «'2. am} c::v3.:f:‘.3:'rz:eé by
oyéar ef the Eloyd Circuifi Caurfia That thereafter by
order cf said scurt fiuly mafia and entered cf recara thawem
in, Jana ?. gage was appaifitafi fihifi ccvrt’g COmfiifiQififi¢Y
to make aonvayaace 9f saii lama ta fihfi defewdmnt, Jahn H.
fialbert, whc thereafter appairwfi :3 cguyt mné yveaawiafi
fiaed fiu1y executed Ly him to gaiiiohn F. Halbart for eaid
land as fifivmiflfiiflfi%r aforegaié, which 3313 deed was exagw
ined anfl apyrcvad by the caurt in Dyan cmurt ané so améara«
ed by the Circuit Judge in spam asurt, $36 was craeaéd to

‘ be cartified by the clerk $3 the Playd Girauit Cnurt ta
the clerk of the Eloyi Conway Qantt far recavd; mné wag so
certified and reccrdad in éaed bask €49” gage 4;~;'?1nyd
County Ccurfi, and thereafter, tmnwit: an fiha 23th Say a?

‘ Eacembef, 13§?, Jahn E. fialbart afinveyad the euna fie the
defenéanz, fl. Q; gfiaghefls, Whfi i: new the owner a? saifi
land, and they anfi thceo made? whom he claims have been in
the actual, aflvawae aafi catfiinuouz Paesessian 0? said land

' anfi every fiart fihe?eaf for mare thaw fifteen yeawa next
1 before the seamemcement Q? plaintiff13 suit.
The defendant, H, G. 3t33ficns, says that he is the
owner cf another parfiinn of said land, which 19 boundefi
and described as fallaws:¢

 . That he purdhaaefi saifi 12nd at Ehé camwiasioneris gale
hereinbnfera rfiferrefl tn at the price of $M,_WN.“”WMMW
which saifi sale wag reperieé by thé master commisaioner
a? the wloyé Circuit fiauvfi, an& ihefeafte? wag by arder
af Said smart appraved and confiymea. That he executed
bmgd far the amount bifl h? hifi, afid af1evw1rda hy order of
331G courfi he was fiivectefi 19 may gaifl hsnfi and did pay it
unfl the maater co miasioner of the $13yd fiiweuifi Couvt,

T. W. finr?el, was} by arfinfi af fifiifl court, directefi to

aflnvey 1m aha defend1nt, W.?Gm S tephensg the legal title '
10 331& land, whn, in ymwsuanae is said judgment, on th$

gm my of ._.1..- ,1féki;i:- canvea'efi the ram-we 1:6

the 4331611162312, 3?. {I}. ”Pawn which 5352.15“: «1666 wag Exam—-

3 3n%d and approved by the judge 0f the ?1oyd Circuifi Caurt
and an emisraed by the Circuit Judge in open caurt, fine
same having been previously gigned, acknawleflged and den
livered by F. H. Marvel. master cammis$inner of the Eloyd
Circuit Court, an& the same was ordereé to be certified
by the clerk of the Flayd Circuit Court to the clerk of

 the Floyd County Court, and by him admittnfi to recexfib
Th”t the Sane wan as certified and duly admitted to record
I in the cffiee of the clerk of the Eloyd County Cenrt in
deed hack 4" name f’?» conv whercef will he filed harem
“...-urn: - main-r h L
Wifih ifl 6%? time fur trimfig if required,
?he defendant, 3. fl~ Stephens, says that he i: the
owner of one other nmell portion cf the 13nd purchnecd by
Kuhn fit Johns at amid cnmmfieetener‘e male! which unis land
wee canveyefi by said Fohn G. Johns to thie defendant, hy
feed ”3.1."1 to “$311.“: M’ (.’.-:1; 31‘" “Am” 132‘:
rcecraefi in deed hack AR' page £§2* and rrcvicns thereto
Emil-9‘ "' _<.flt,¢i .._... V
had been fifinvoycé to eafid John Ct Johre, whose agave? "pd
ecnntcr claim in thin can: in relxtion theretc is new re«
Yereéfi tn fififi the mvormcnte thereof 36Cpte£ as f Tfirt of
. thin answer and cemnter claim no Fri}; is if written in
Wcrde fiflfl figurce in thie energy :nfi counter claim.
The defendants further e3; that the defendant, Camilo
lax fiteyhene, is the carer, hue the Roda} title in and in
‘ the meter? rewressfion of the following dcuarihefi tract or
ngcel 3T linfifi eitnntnd in Tloyd county, Kentucky, aha
heurioC an tollswezm
E?STT?IVT at an aim tree fbfiflf 15¢ ydrfie cherc the
mnuth a? tha mete hellev on the left fiend side of the creek
39 E?“ 33 fifit mud runrine a straight line up the hill to
the top of the point; thatce running with the center of the
pnint to the top 3? the 1111; thence running with the tap
3? 1V@ Tiflffl U? the creek around the fitilihonee holloW. so
as to include all the 13nd lying in $213 hollow and running
earn the point to a white eek near the foot of the hill
above the mouth of the maid hollow; thence a straight line
_ , .5}, , , .

 lrnm Lna gaig th :9 an; Lays? aor;;: ;¢.i¢bccam ue¢raelrtw
1133.353 3.612; ti‘mmfi: #131”; the 3.1.9; 341-1201;- La s:;.-i:..,2:;=::a ..::-__:=:t- :LJ‘.
jaafi mi Lhu hill; ihuaue fig gag fiflufik .itg amid fangs :0 a
"bl-$.65}; eagtfluzsuiv “L- $25.9 11521211331; finance .1';,;,»a':ziz;;fl. '.;i, {-71 am
;ugae g; @g 90 Lugggda $uid Swnuug g; the lain; up L4? tap
a; Una fiflga; Enema; wigh th; uu§ mi an: alugu Cfiflu th
Oxuck 0p30534h tnfl Enginmiugg Sgwuan a sgraighfi lime Jawn
;hu hill uiin the enfiecx a: ¢hc 901m: $0 a uhita 35k gag?
Lhfi eLaarefl Amad; 2h neg A atrgigna Line as aha Imginning.
They 5&3 that Camillua Stephena yurchaaad ihis land
230$ S. J. aaya‘ by deed bearing awae the finé day of Jan-
u¢ry, 1918, aniy recardefi in the cfficeysf the clark sf
tha Elayd Gaunty flaurt in dsei bank Ea. 5% at yagé 143.
fhmt maifl H. J. Maya acquirafl ime same by gurchflae from
- John fifiurgiil by &eed bearing ante fihe Mg“ day 03 wwmgwwu
189a, ana recarded in aged hawk “K" pmga $39. That Jana
J. S€urgil1 acquired the aaii Land by paychase fram‘fiiiliam
J. fieymolia in his lifafiima, who canvcyeé fihg same ha said
J. J. Sturgill, by deed hearing date the mmw.§ay 03..M;;“
lawgg, recordefl in deeé beak ”Q” gage 515, bufi upen learnigg
I thui eaié Hilliwn J. Eggnolds aid not have the lagal title
ta said 3.19.116; maxi {shat "she legal 93.1,“, .1113 ix; the heirs of
Adam aayhegrt, and fits saia John J. aturgill institutad
his amid suit in the Eloyd Circuit courfi @wé obtained a -
eomgiaaioner's fieea to said land from 3. 3. Mayo, master
commissioner of the Floyd Circuit Court, bearing dafie the
.i* day of 1‘" “MW 1&9Q3 which saié deed is recorded in
-~M-~ [
deed book "V“‘at page 453.
The said defendants say that the said E. G. Stephena
and Hamillus Stephena are each bona fide purchasers for
. ~9n

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"311.23.: 2221-: 16.3331. 13.11.15, 43.2.1 .33....‘b 2531:: 2.32.331 plaiu‘iifl‘s gum
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against 12.119 plaintifi'a and. 122333.37 that this action be trans»
ferred 30 equity; that upon hearing plaintiffs” petition be
dismissed; that they recever of the 1319.1311311‘353 all their
coats herein expendeé 333233 for: all general and Especial rec-
lief. .

. 11. G. Ste’ghena
{1432311111133 Stephens,
Claiborne: Steyhena,
3. . . . 3y 003313.91; ‘ >

 . STA’PLH c2“:- £23332???317:3?fo,
12.63.76}??? mnm’f’ff, mg?“
The ez‘éé'f'i3.:iz2i‘z‘t,l fifiaphms, r Camillua Staghansa,
5; time airmfiemeanfis 035' the fuwmfm answsx :md anagram?
1233;;ng r9 ‘?3?t“..53€b.f-&,€3 3333823? be}.ie‘v’rz:.
WWWWWWWWVMWmNmmm..-
,.mn . mmmmflmwwmw,
Swarm ‘m: 'fvwafm‘e me by {ii-.2 iitré'qhmss, “the WW (1:13.? cf I
’ _zzmrnh, 1,9152.
V .2. L.>-- l»"flv4~‘1-‘I aha—vo-wuvvufim‘m‘rwwi
> ‘73, ‘ .

 _.é‘lukgimm $Mm.fi-ifilw .£&§.fi.lm—
'7 J~ MWQLBS, 332%., .. .. .- —- .. ... .. .. .. .5 .., :mmwwm.
”Against» AKSWER 0? K. G. $TEPBEES, ETC.
JOKE Q. HARRIS, ADEEEIS-
. “Ema.“wa 0.5? 293323;: (3 x (.2:?
1.53:. J . Ram-:.‘:Lm. liiéii'fi),
LEI; OTHERS, .. » .. .. .. -- .. «- - ... - - .. «- .. ... - .. 33213293332mmi’s.
The defenéants, m. G. S tephans, U layberne Stephens
aha Camillns étephens, for answer and deienae to glaifitiffs‘
yetitiaa hérein, say fihat Clayborne fitephens ia not tha .
owner or in gasseggion 6f any lama owned by gilliwn J.
' fieynclas at th& time 05 his death, or at any Gabe? time;
$hey say that the defenéanta, a. G. Stapheng and flamillus '
Stephens, are the awnera cf, h&ve the legal titla to and 1
in the acfiual §68$essi0n of the fallowing degcribed tracts
or p&rcels of lgnd, $0¢wit3
FIRfi? TRACT
BEGIHRING at a cro$S fence below the house where
flabscca Gearheart now lives; thence running with the fence .
' down ta near the font of the hill where the fence exosses
a small drain; thence with the firain a short dist&nce up
fihe hill to the forka of saié draim inside of the field;
thence wifih the center of the point between the two drains
to the top of fine hill to the line of thaland of W. J. Rey~
molds purchased by him of J. E. Goodman; thence with the
dividing line between R. J. fieynolds and Adam Gaarheart,
deceased, down the hill to the line of Greea Stephena;
thence with the division line of said Stephena and Adam

 Gearheart to the line of a. J: flaynolds; thence wifih said
Reynolds‘ line $0 the top of the hill an the left hand side
sf the crmgk gaing up the same; thence a straighfi line down
the hill ta cross fence to the beginning.
“433500qu TRACT
BEGXEBEfiG on ihe top of the hill at the liae between
34 g; Eggggggg and d. J. fieynokda, déceaaed; thence wifih
said Gearheart‘s line to the mouth of a drain near or oppo— ‘
gite the house so as to include all the land in said drain
thenca down the hill to a small oak near the creek; thence
to the corner 95 the fance below the house; thence wifik
the lot fence acyoas the botzom to a stake gear the foot
of the hill; theace frcm said stake to a walnut at a femce; I
thence with said fenca to the top of the hill; thegce with
said Gearheart's line t0 the beginning;
They say that they are each purcha$ers in 309$ faifih
and for value of the land 30 owned by fihem» They say ‘
that it is untrue and fihey deny that fins aaid ylaintiffs ‘5
are entitled to have the judgment set out in plaintiffs’ 1
petition set aside, vacated or held for naught- They deny '
that the guadrian, fiavid $1lan, did not investigate Or I
look after the rights 9r infierest 0f the said plaintiffs *
, in the suit for the settlement af the estate ef‘fiilliam J.
Reynolds» They say that 1% is untrue and they deny that
William J. Reynolds did not awe John M. Halbert any sum
or amount whatever at the time of him death. They deny
_ th&t the said William 3. Halbertp before his death. had
fully, or etherwise, paid or discharged all, or any, of
said claim wifih all. or any, interest thereon, and denies
that John M. Halbert was not entitled to recover anything
- v *2» . ,‘

 ._ from said estate, nor to have the land herein aescribee
sold. They deny that each or every, or any, claim pre»
sented against the said estate was illegal or improper.
Eeny that the same were not proven as required by law and
deny that the same were not proper charges against the
said estate or should not have been allowed. They deny
that the said plaintiffs were entitled to have the land
owned by these defendants set aside as a homesteai to
them. The defendants deny that the said plaintiffs

- are entitled to have allotted and set apart to them said
land as a homestead. They deny that the lien upon said '
land purchased hy these defendants in void and of no
effect. They deny that the saia plaintiffs were driVGn
from said land within a few or any number of days after
their father died, and deny that they were too young to
realize or comprehend the alleged wrongs being done then,

‘ or the condition they were being placed in: and deny that

_ any wrong was done them. Ehe aefendants deny that the u
said plaintiffs are entitled to have the value of saie
homestead set apart to them in money, or that the same is
$1000.00 or any other sum or amount. they say they have
no knowledge or information sufficient upon which to_found
a belief as to whether or not William J. Reynolds at the v

' time of his death Was the owner of the specifically enum-

' casted articles of personal property set out in plaintiffsgi
petition, but say that if he Was. they are informed, haw
lieVe and charge as true that all of the personal property
belonging to said decedent was set apart to the said plain—

g tiffs and was delivered to Eavid Alien, their guardian,
for than, and that he also received the rent from the farm
the year succeeding hhm death, and that the said plaintiffs

 are not entitled to haVe or recieve agy of the speeifie;fi.y
enumerated articles set out in plaintiffs“ petition, and
i aeny that they are entitled te recseve in lieu thersef any
‘ part of the fund arising from the sale of the land, and
I certainly not entitles tc have set apart any‘of the land.
The defendants further saysthat it is untrue and they
deny that the jufigment of sale as sale sf sais land, or
the judgment remfiered in the suit for settlement 35 the
estate, was taken or procured by fraud or collusien between
i the oreuiters and the attorney fer the aflminietrater, or
other person, or otherwise. Ihey further say that they
have no knowledge 0: information sufficient upon which to
feund a belie; as t3 whether the said case was managed or
anUflVEred for the benefit er interest at the creditors
or not, an& therefore deny said avermsnt. They aeny
that the ease was managed to the detriment of the interest ,
ef the Said plaintiffs or to the fiestraetisn a: the estate. -
Whey deny that said Judgment was erasures by fraud or
that any fraud was practiced by tne successful parties to
said Juegment in obtaining the same, and denies that the _
said land was sold or bid in by the creditors at less than
one—half sf its value.
fior further answer ane defense herein the serendants
say that more than one year has elapsed sinee the arrival
or the plaintiffs at the age of twenty one years, and that
. the said serendasts and each or them are new more than
> twentwaour years er age, and that no application has been
i made to vacate ans modify this judgment, or cause sheen
i ' against it, within one year next after the arrival at .
full age, nor have they prosecuted any appeai from the

 *
Judgment camgslwziner}. 633?”, am”: they“ am? «each Of Ehem are
  barred of any right to aet aaide said guégmenfi er aha sale
_ finereunder, nifthe land owned by aheae defenfianfis, 0r .
Gfihewwiae j 1
For further answar and defense herein, ihe dafendanta
any fihat at fine time of the deafih ofi fihe maid fiilliam J.
fiaynclda he was indebted to Jehn %. Ralbert by note bemru
ing data August 14th, 1896, whiah he executed, signed and
delivered t0 the fiaid Jchn K. fialfierfi, in which and by ‘
, which he flue aaié fiilliam 33 Reynolda agree& and promised
to $33 the said John K. Halbert the swm of $928.55 fuur
months after Eats thereof, ané that in order to secure the
payment of saié note he the said William J. fieynolds mafia.
exefiuted gna delivered to the gaid John M. Halbert & deed
of martgage upon the tracfis of lafld hereimhafore described.
That mftar the death cf saia fiiliiam J. Reynoléa, John %a
‘ fiarria W&s apyointed administrator of the estate 0f aaid
fiilliam J, Reynolds by eras: of the filoyd Ceuaty Caurt
duly mfideaané antarefi 0f record therain. That fiaid
fieynolds at the zime 0? his death resided in Eloyé Ccuntyg
and the aaifi Eloyd Caumty Sourt hgd jurisdiction t0 appoint
said Jahn Q. fiayris administrater as aforesaid. That
said John Q. fiarrig executed mega and oiherwise qualified
« 33 afiministrator of the eatate cf said William J. Reynolds,
deceased. That thereaffier on the ”M” day 0f “mmmflmflw_
189? said Jehn @. Harris filaa his certain suit in thB
Flcyd Gircuit Gourt for the settlement 0f the estate at
‘ said éecedent, making dfifendanta thereto the plaintiffs
herein, William 5. Reynald$ Jr., Flcrg fieynolds, Rhoda
Reynolds, John 6. Johns, John M. Haibert and David Allan,

 Guarfiifin for 331% William J. Saynalas, Jr., Slara fieynolds
aaé Hhoég Reynaldw. That gummana issuad gnd wan aarved
' ugen each 25 the saifi defendanfis, and Lhareaffier. iouwit;
an the 22nd gay 0f fiecember, 1896, tha said John M. Halberfi V
Eilad his answgr and counfier claim, which he mafia a Grass—
petitiaa ugfiinafi tha aaid defendanfia fiilliam J. Reynolés,
fihnda Heyfiuldg, Flora Reynolda aud Bavifi fillen, their guar—
dian; also ageing? Rebecca Gayheart, Susan EcGuire, Samuel
EeGuire, Alice @0039, Joadé Earner, Belle'fiallen, Banks
wailen. Bavid 6&yhe3rt and 313a Gayheart, whu were the
legal tibia holders of the traca 92 12nd a% that timfi ihere»
ix éeaeribea. what upan ths filiag a: said answer, comm
uer minim and crasg yetition by Johu A. Halbert, he
cuuaad summons 20 isaue thereupon and to be aarve& upom
gash 0f amid @fifcfifi&nfi, ané alsa preaented the said claim
for allowance befora the master commiaaisnar uf the Floyfi
Girauit Smart, ta whom the suit 20? a$2tlement cf the
. catmte of william J. Eeynoi&s haé been refarrad to audit
3 aaé settle tha acceunia against the aaid deceaent’g estate. I
That the amount as the said mate was allOwed by said com»
_ misgioner as a claim againafi the aatabe 0f saié decadent
ané report thereof mafia by saia commissioner to the Floyd
Circuit Court, and after laying over for execptions was I
‘ thereafter approveé and confirmed by arder of said court. .
' ané upon submiaaion of the cause the estate of said dece»
. cant was adjudged to be indebteé to fihe aaia getitioner
Jchn fi. Halbart in the amount of said debt, ifltereat, and
‘ casts, and the amma was adjufiaca to be a lien upon the
laad therein deacribad, and the 1&nd was adjudged to be
301$. That in yurguance ta aaifi judgment, the land
1.'-fins

 1
5w& afiveeraed far Sfilv Mfimx having aeem mppruiaed in the
, magi-finer grease: 1131‘ng {3, by lam ’.ijhaaft the {azale- was; maxim :53". 11.118
treat can? a? the caurthouae in the iawn cf Exewtaxshmrg,
_ flayd Gfiuflty, Kentucky, an the “m“ any 05.«mwmwwm
MES-1F: whiah was the first day 01:3 60:31"sz court held:
within and fur {loyg gaunty, fifintucky, an& at which said
egls Eu &L Hapkiau bacame aha purchaser at the griee cf
%MM~M _mmmm“. fihat thgraafter the cmmfligsiamer made
rcgort Qf fiaid 3ale of agid lamé ta thg fileyd Circuit
Gauzt mud the same was arderea is lay aver for axcsyfiiona
' ang nona having been taken therafiu, tag sale was by ardex
a: said auurt duly made 1nd entered 03 racoré, aygrovaé
an; courirmedfij Thareupsn the purchaaefi, 3. 5. hopkina,
591d and ;ssigned his bifi on aaifi lanfi is John m. fialbert
and an anather day an ordev was mad% gag enfiered cf recuyd
’ thareim adjudging fihe asaignea of 531$ gufichmfier to be en~
iitlfifi $0 a canveyanca af saifi land and fiirecting the coma
misgiuner o: the Flayé Circuifi Courfi $0 make canvayance '
I fihereof t0 him. Thereupom egme.~mewmmwwwwnwmmm~“*_wfi
maater cummfissioner cf thfl Flcyd flircuit Scurt and tenderw
I 96 $eed 0f ccnveyance duly signed and exacuteé by him.
' fiaié daad was fisnfierad in spam ccurfi, was axamined and ap—
,‘ pravaé by the court in cyan comrt &nd 50 enéarfiéd by tha
;ufigfi nf the Elayd Sirauit Gourt fin ogen court and the
aamfi was Grieraa to be unrtifled by the clerk 9f the Bloyd
Cirauit 30113-1; :;c the; clerk of she £19311: séuncg. aourt 35.121"
4
> recnrd, which was sa cgrtificd, and acocréing entereé ané
rccaréed in the Eluyd Smuniy Uourt Clerk's office in deed
book “mm” Page..~wmt nepy of which will be filed herewith
‘ in due time far triai.
  V ‘ .‘,,“ ‘ ,

 .2; I '
V F
1‘
' Th? fiefcndsrfi $ays “hat by viriua cf aaid éaed of
cemvcyancg he hécvms &nd nan is the saver wf amid land nna
{awry (::tztg‘t in?“
‘i‘he {lfifemdamts E‘Ez:§r LhZ-ILJC the land maimed by the: defendv
2:21: Canary; Sums: ’mgm 23:-2,93 {201:1 ‘33:] {gunk .;. fia}n;91.~fiss in
his 13%me 2.:; “ Sturgill ..:-Inc: by 30122:: Sizurgm}. i222
V1 :1::16ney .’;;:a;::..;,r:.~1 H; r3013: r sunrsegvefi firm: age ’13-": him; deferiiw
:_ 2.11:1 232525511 lug ?Einsfhem:
1742'" < Emmi-121.5: 332211.; exams I211 the «:iei'eml.z=:2fis way
is: ”of: 21:-~.er £133.32 :.'; gazed. xvii}; ;§i=;s;ig;;z;<2m for casts 2:325. fizzy 352.3
(.:': maria}. Tm C. 2532-3013:.1 1: 1.5;291‘.
_faji, +7: . iii: 2121;114:238
(322737111123 Stephens;
C‘lny‘bmrne Eiephems,
:3;,»rsyn—uvwlwx; v “~qu ”mm- ”mm. 113.01.!“ '
at "a a me ya .
ssmwxéjfifzy mass-"mum,
"
Imp 2302213225. {2 23m; .
She defendant, 33;. G. :Lé'teaphena. says: the atatements
(3:? me forego