xt70zp3vt865_304 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. Smith, Jas S. v. Reed, J.F text Smith, Jas S. v. Reed, J.F 2016 https://exploreuk.uky.edu/dips/xt70zp3vt865/data/63m46/Box_27/Folder_14/8360.pdf 1900-1902 1902 1900-1902 section false xt70zp3vt865_304 xt70zp3vt865 .,"M ‘ ‘ ' ‘ ‘ ..~ > , *- . — -. .I ».i“ :

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i,‘~ - Ag inst / / hegsnitien 0f J. P. Reed. J
j, €53; l
tfif I J. F..fieed, YMfendant.

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; F Whe depeaitien ef J. F. Heed taken at the Law Office 4 1

=53: » i‘
Lhé Whiter 3. harhins,in the Teen sf Prestenahurg,Pleyd County, S
' % Kuntueky,en the Bth day of August,1903,tu he read as evidence E
ii on behalf cf tha defendant in an aetien pending in the Hndtt . ?
i121 ' .
("I ' ‘ 1 . we ,. . . . a . ..., . >4 .. .‘ .,- '7‘” , ._'» f1 ..‘ .
' W Circuit Court,1n the Htate cf mentuea;,whmzeiu can. 0. multh i
.' .‘;:j ' ‘ ‘
, 7H . . . . . . ... -. .. ,.. .. _ , , . . . _ _. ‘ W 1
_ fl is plaintiff,anu a. a. need 18 delendant. The ultflUfiw being i
a

'W . _ . - ,, .' - ~. , ,
Fvfig of lawfui age,and b; we fir E“dmlf setru,depeses and says. ‘
1 r ' N .
I: .51 . .. . 3 ‘
at . q. Please ate-ts year age,business,arm residence? . _
k. 331% », ' < t

, "I" .. . . y t f " ' ‘ i
3% r =. - A. My age is-ferty-six. fly residenee is Fails Crass .;,;

m, . ‘ ' 7")
Eli Clearfield Ceunty,Pennsylvanza. x3 eccupntien is laberer.. ‘
EH; Q. Kaye you purchased a five twelfthe interest in
[£951 V .
Efifli a tract 0f land frum st. Gable and T. Y. Fitzpatrick sit- :
gg‘ uated on'Jenee Fork ef Beaver Cree3,1n Rhett Cennty,hsntueky;

%? Please state that fact,and if you have the deed please read _
3%} it to the stenographerthat he may ineorperate,and cegy the
EA, '
Eij deed in year answer?
nigh
A. Yer-z sir . The date of the (”is 4d. is 2:"3eptenber 3,
@f' 1900,und reads as fellows: “This deed of ecnvegsnce made
# .»,. '
pig
2' am”; :.‘ritaru . is": “3.10 Tn”: am? ‘1 «a; .(x “C. ‘1‘ . I- ..;-1.2;, hiring, and - ;.:"i& 1
PT? 8. Fitzpatrick,his wife,and Jae. Cable and Elizabeth C. Gable 1
5"}
I his '»u'ifflpsxties, t1“ the fir gt p;:.rt,a.tn<:i John P. Reed ; art}; of
v 1}
iii the resend rar+.
Q ' Witnesaeth: That for and Eu consideration 0f ‘
3‘? . . v -- “V ,. V , fl 5
i ;, Fifteen duuirfid_;£limfk,viV¢ Hunqrnu in hand paid,the other
‘é_ ' 7 ' ’ " “"‘""”’ ' '7H7’" H , '7 ' 7 ' ”',—f'f?’ ' ,, . , ' ' V _ ' ' 7" ' ‘—' ' " ___. ,
_g . g
. W

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secured by two notes of Five Hundred Dollars each bearing
interest from dato,ono payable in six months from date,and
the other nine months from date,ann retaining a lien on the
land sold and hereinafter described for the two deferred pay-
ments.
The said parties of the first part have this day
Bold and conveyed to the party of the second part,one undivided
five twelftho of the following tract of land,aituated in
Knott County,on Jones Fork of beaver Creok,and bounded as
V followsgto-wit: Beginning on three beeches and ougar,otand-
ing at the foot of the hill,about 10 poles from the bottom,and
on the S. h. side of said James Fork,and on the lower end of
Elizabeth Martin‘s land; thence running up the hill 8. 78° E.
22 poles to a beech and white oak on a point; S. 53° E. 52
po. to a white oak and hickory; S. 70° E. 62 no. to three
chestnuts and maple on the top of a high knob on some large
. rocks; N. 70° E. 52 o. to two chestnut oaks on a knob; S.
69° E. 12 go. to a hickory and white oak on a knob between
said fork and bear ?ork; S. 25? E, 150 no. to a chestnut and
chestnut oak on a high knob; S. 39° E. 144 po. to a chestnut, ‘
white oak,and black oak in a gap; 3. 88° E. 42 p0. to a black
oak and white oak on a knob,between said work and Canoy Creek
Fork of Beaver; S. 17 l/%° E. 168 po. to three chestnut oaks
on a knob; S. 42° W; 56 ya. to three pines on the ridge boo,
tween,nartin's.firanch and Caney; 8. 9° W; 44 p0. to two chest—
nut. oaks on a than; 6‘1. 50° 14..“ 130. to a white Oak and two
chestnuts in a gap,at the head of Dismale and Leonard“ Gibson's V
Branch of Caney; i. 55° E. 69 no. to a chestnut and chestnut
oak on a.knob; 9. 31° W. 150 no. to three chestnut oaks and
hickory in a gap; 3. 10° 3; 79 no. to two black oaks and hick—
cry on a knob; S. 58° E. 68 be. to give black cake on a knob; ,
-3-

 0 o

E S. 18° W. 58 pa. to a double chestnut oak and black oak on a i
g knob between Terry‘s Fork and A. Slone's Branch; S. 40° W.
L 182 p0. passing through the Slows gap to a chestnut oak and .
i black locust on a knob, S. 67° W. 67 ya. to a pine on the
: divide; S. 82° w; 116 po. to four pines and two chestnuts on
3 a knob between Long Fork and the hen harris Fork of Gamay;
: S. 25° W. 69 p0. to two chestnut oaks in a flat; 3. 85° W.
i 62 p0. to two small chestnuts on a knob; S. 40 p0. to a chest-
; nut and hickory in a gap; S. 41° W. 118 go. to a chestnut oak
t on the divide between said fork and troublesome waters,and
5 on the County Line,and Lotcher and with said line, N. 60° W.
E 88 pe. to a chostnut,chestnut oak,and pine on a high knob;
¥ S. 65° W. 20 yo. to a chestnut oak an a'hnob; S. 56° W. 23
5 120. to a white salt; at. 80° 1$7.18 po. to double maple; s.
; 66° W. 54 ya. to two double chestnut oaks,chestnut and pine;
i S. 19° W. 54 pm. to fo.r pines and black oak; W. 48 pa. to a
i bunch of chestnuts on a knob; h. 19° W. 112 go. to a chestnut V
3 near a knob; 3. 75° W. 36 pm. to three chestnut oaks,and six
E pines; N. 61 1/20'W. 53 p0. to three chestnuts on a Knob; H.
E 12 l/b° W. 135 p0. to a'humém of chestnuts On a knob by some
: large rocks on the top of said knob; h. 89° W. 64 p0. to three
{3 chestnut oaks on a knob; S. 75° W. 26 p0. to a black walnut

and hickory on a knob; N. 24° W. 30 ya. to a black locust in ’
1 a gap; 3. 11° W. 59 to. to a clmstnut oak and small pine on a

knob; N. 33° E. llO.po. to a doable black oak and two double
1 chestnuts on a Knob; H. tho E. as _o. to two pines; N. 2° W}
: 28 p0. to three chestnut oaks and two chestnuts;‘N. 64° W. i
‘ 56 po. to a hickory in the gap,at the head of said Fork,and
, Troub1330me where said Cownty,fietoher,and Perry Join together;
. thence leaving the Letcher Line,and with the Perry Line,N.
L 40° W. 54 p0. to a white oak and hickory on a Knob; N. 2° h.

-3.. I

 4 O O "
140 yo. to two chofitnut oaks and cucumber on tho edge of the
knob between said lorx and B3113 Fork of TroubloSOMo; 3. 55°
E. 111 ya. to throe chestnut oaks on a knob; S. 82° E. 45 ya.
to three chestnut oaks and two small pines on a finch; E. 54°
L. 85 yo. no L30 chostnut oalo and white oaks 0. a knob; H. 3
34° E. 56 90. to three ohoobnuts and chestnut oak on o Knob,
at the heafi of Turtle Fork; N. 9° W. 74 p0- to two chestnut
oaks and chostnut on a knob; thonoo leaving said County Line;
E. 40° E. 33 $0. to oix chestnut oaks on a Knob; E. 3 l/2°

: . W. 40 ya. to a white oak on a Knob; N. $40 E. 114 p0. to four

2 hickorios,whito 0am,and chestnut oak in a gap beiween Turtle

:3 Fork and Balls Fork; 8. 72° E. 35 ,0. to a chestnut on the

1 upper edge of a flat; N. 15° E. 17% yo. to a double clwotnut

. oax,throo chootnuts,smoll dogwood,ond small white out at the

ii head of Peter Branch in a gap; N. 4° E. 26 yo. to a whito oak;

E N. 415 E. 72 yo. to & bunon of chestnut ouko and locust 0n

l same large rockogbetweon Peter Branch and Mud Lick Fork; N.

?‘ 52° E. 78 p0. to a black oak and cheotnut on a bench; N. 4°

1 E. 30 90. to four chestnut oaks and a chootnut on a otoep
point; E. 78° E. 179 p0. to the beginning. The whole tract
containing Four Thousand and Hlnoty acrea,moro or loss. The
Two Hundred Acres sold to Nimrod Triplett by R. W. Taylor is
excluded from this dead.

The said party of the second party to have and to
hold said land to him,and his heirs forever.
The interest hereby conveyed is five undivided

' twolftha of the said tract of land,and the said Fitzyatriek
and Goble will warrant and defend the title to the land herein

‘ conveyed against tho claim of A. “. Rouw,hoirs, R. W. Taylor,
James Fitasimmons,and E. L. Stophens,James S. Smith,and against
their heirs and assigns. 4

 O 0
Given omeer our hands thee the fire eey of Septem»
ber, 1900.
{Signed.) JWMBe Gable.
mlizabeth fiohle.
. T. Y. Fitzpatrick.
fierie S. Fitzpetrieh.
fltafio of Kentuoxy }
) wot:
County of Vlogd. 3
I, C. u. fievifieoh, filwrh of the County
. Spurn in eon for the Reoaty axe EEHLG oforemeio,do certify '
I t1ee hhe foregoing Bond of Conveyemom,weu on the fire an; of
> aegtemher, loGQ,yroomoua to We in Fiogo flouhty,hno th: ammo
ackneeloeged before we in one for: of Loo by the reeyeetive
Grantore,$. E. Eimeputriek and Katee fl. Fitzyeeriek hie wife,
g Jenna flokze emo.tiiueheLh_flohlo hge mafo,to be the voluufimry
not one eeeu or fluifl firestorm for wa Lurpomoo therein mtmted.
I further oerfiif: fihnt eaifi Fannie gruntore were examined by
me Lfikfirhtfl unfi uymrh frer ihmir emid hmeh:nde,ee required by
Show,
ffitvun‘ Juiuf eg~iuoad Lu ??e71~ of tie: Flo;nfi Coznity
Court ihie the 5rd flay of Sukfiormer,l$fia.
(fiigmed.} 3. H. flevidenn, Clerk,
Floyfi Count; Genre.
State of Kentucky, ) I
) rot:
Khett flouofig. )
I. R. i; Amhurmey, filerh or the Coonty
Court,in and for the County eno State aforeeeid,eertify that
the foregoinm deed of conveyenee from T. Y. Fitxyatricx &o.,
of)...

 O O
to John F. Reed,wao,cn this flay produced to me in my office
and lodged for record,whereupon the same with the foregoing
and this,my certificate,hath been duly raccrded in my office
and One Dollar and Fifty Cents revenue stamps attached there~
. to.
Given under my hand this 26th day of October,1900.
(Signed.) R. H. Amburgey, C. K. C. C. “

Q, Have you paid to or. Goblo and to Mr. Fitz—
patrick the purchase money mentioned in the deed?

A. Yoo sin

Q. ?loane ctmte whother hcforcax the timc ,or '

, since the data of purchasing said property you agracd with
Gohle and FitzPatrick,or with Jag. S. fimith that you would

' E, take the lanfi,gay tho purchase money,and hold it for Smith
until he could redeem it? E

A. No 812‘; I 31;:th no such agrccmcnt.

Q. At tho tigc yow made the purchacc of the property
did you buy the yropsrty,or did you agree to pay for tho deed
for ..Tuo. .71. Smith? . _

A. 1 Ecught tho property in few aimple,without
any agreement of any kind.

Q. Please state the circumstances attending the
purchase of this property,and the Wairantee contained in thc
deed which you have just read to the Rotary. '

A. I arrived here in Prestonsburg on August 51,1900.
On Saturday morning I called at.mr. Goble's office. I had
a little husinews with him in regard to some notes,und talked
over some matters in regard to Pike County lands. I got ready

-6.

 O O

to leave for dinner,snd Hr. flohlo requested me to some back
after dinner,st two o’clock to meet a men by the name of E.
L. Steyhene when he said knew all about the Jones lPork lands.
I came back and met Mr. Stephens at the time appointed. Kr.
Stephens explained the land to me,snd then I left and Went
to the hotel. On Sunday morning.fr. Gohle came to the hotel, ‘
and told me that Mr. T. Y. Fitzpatrick had arrived on Saturday
night,nnd he made an appointment with no to meet at his office
at nine o'clock on Monday norning,und wanted me to be present
at that tize. I told him I would do so. On Kondsy morning
at nine o’clock,l culled atflr. Goble's office; “r; Goble and
Mr. Fitzpatrick were there. After I shook hands with Mr. Fitz-
patriok and sit dean,1r. Fitzpatrick stoke up and said, "Reed,
I am going to sell that Jones Fork Land before I leave this

. tOWH. I will take ?ifteen Hundred Dollars for it,and warrant
end defend it against all sewers." I told him thet I would
give him Fifteen Hundred Dollars for it,providing we could
agree on terms. I said I would give him Five Hundred in cash,
two notes of five Hundred Dollars each,six,and nine months.
Mr. Fitzpatrick said, "will you make them with interest?"
I told him I would. He said, "we will accept it“ and directed

. Mr. Gable to make out the deed,snd warrant and defend it
against all comers,and then Mr. Fitzpatrick and I got up to
leave the office; HT. Gable spoke up and said ”come back
between three and four o'clock" and he would have the deed
conpleted,and I Could read it ever before it was acknowledged. A
I came back at the time;(between three and four o'clock)iMr.
Gable had the deed finished. He handed it to me to read.
I read the doed,ond coming to the paragraph where he warranted
and defended the dead he had omitted Jaw. 8.~ Smith's name in
the warrantee. I called his attention to the omission,and
-7-

 O 0

150341 him 'llhntii I ‘.‘??le I-"lLv 1'. &.,Q<‘:i=:1..t it}, :1» than bfi‘lfiffiitfi 331:1 pardon
for the omission,ana amid he din not dank me to unnerstnnd

; that there Was any agreenmnt,or anything with Jan. 3. fimith

* that would hinder then fror nelltng the land,stating that
they hand a; V»31‘l'3£'1..:i_ aggro‘,‘wxwuit it?" Jazz. (1.. graith 39.33" a ,::; yaw...“ ’
and thmt flip“ had 1015 expired. The line below where he wrote
Jas. S. Smith's name was.crossed out. That they could;not,or

I would not wait on him any longer. fie elem took down the
Stetutnfiook,and read fro; it that a verbal agreement was only
good for one year,anc up to thia tine fir. Gobi» had hGVur
. asked.me ,to huy,nor either had I asked him to hp; the Land.

After the dead 's¥z;.£-3 technowitnigod,.l. {italim‘znzh’i Uri: two chem-:5 Of
fine Munerea ufid Fifty Eullars,and the flutes of Five Kindred
Rollers eacn,six and nine months,anfi then received my deed.

Q. From that tiae up until the maturity,and payment
of hhflfifi notes aid VI. wonlu,or fr. $itzyhtriol vae end
agreement with you,or you with tte‘,hg which you would allow

i i 7, Jam. ‘w. with to have the 1.2-ma nae? upon his paying; to you
uhe “meant of nanny you paid for the lund,eith internat?

A. No air. There was nu such agreamnnt,nor either
did I ever hear of one from then.

Q. At the tiufi your parenaseé this land from insure;
inhle and $itnpatrioh,were you ant;n5 an agent,or otherwise:
for 3'.-3,73. 51. Tenifll‘?

A. No air.

, {. flid you have any naneg,or ,rcrnrt;,or effects
of the said Jan. 3. finith in your handy at the time,or since
then?

A. He air. fieither before,or after,cr at in” time,

Q. Did fir. anith,nt the Laymantauge Hotei in Falls
Creek,?onnsylvanin,or at an; other time,or place tender to

~8—

 O . O
ymu the *iftean Hundrwfi ficllarfi,anfi interw;n,th fl yam hmfi yfiid
1%.!" t}??? lane“: ’9

.’3. (32%; :4; .1..1”; On ‘1:.é165: 15mm dag}: 0f Ifmamm‘imr, fem . i .
Smith,nnd I mat at tfifi Iagmontfluga Vufiml. We had a talk,and
31:2! 3.:-r 1N; 133w 2’(;<:;~:v:,:v.m€ flaw: 12:11:“ ang- $;I“.z behalf of plaintiff on the trial of a certain action Efnffhf infihel ;
Knott Circuit Court, wherein Jas. S. Snith is plaintiff and J.F.
deed is defendant.
The witness'Thos.R. Brown being of lawful age and first duly

sworn deposed and stated as follows.

I reside at Catlettsburg Ky. Anya practicing lawyer by profession ‘
and have been for over twenty years.

‘ I am acquainted with the plaintiff Jas. S. Smith . I have known him A—
for some several years , am al§a3§gggginted with the defendant J.F.
Peed , having met hin twice prior to the present occasion as I

x now recollect . I remember about the occasion of the defendant ‘
Mr. Reed acquiring'a deed from Jas. Goble and Thos. J. Fitzpatrick
for the land in controversy.

A few days before Mr. Reed obtained that deed he came to my law
office in the city of Catlettsburg and stated to me that he.under—
stood I had some connection with or had been looking into some
titles for Mr. Jas. Smith in lands in Knott Co. Ky. I told I had
and he told me he had a deal or trade on handg in reference to
them with Hr. Smith. I explained to him my connection with these
matters with some attorneys in Pennsylvania by the name of Carmalfl&
Strong as I now remember their names , in reference to clearing up
theltitle to said lands from some complications about same arising
out of some litigation about those lands in Knott Circuit Court.

 -2- .
He (Mr. Reed ) said he had made a trade with Mr. Smith in reference .
to these lands , but that Mr. Smith didn't seem to know What he
wanted and he couldn't get him to sign papers to close the trade.
Mr. heed told me he was then on his way up in that country to see
what he could do in reference to the lands and had an idea 0? try— L
ing to buy in the claim of Gohle and Fitzpatrick as that would clear _
the title to part of the lands . I told him Mr. Smith claimed to
have an arrangement with Goble and Fitznatrick by which he could
redeem those lands from their purchase . My recollection is that r
Mr. Reed then said he knew that — any way he said he and Mr. Smith
could arrange that all right , that it they didn't trade he would
just let Mr. Reed pay him back . Pefore leaving my office ,Mr.
Reed said he didn't know but what he might need some legal advice in
reference to the lands if he made a deal and he would give me $10.00
J as a retainer and did give it to me, and said he would see me as ‘”
he came back down the river on his return if he wanted anything. A
few days after that , I went up Big Sandy River nysel? and as I
went up I met Mr. Reed at White House coming down at Meek's Hotel.
Mr. Reed there told me that he had arrenged matters satisfactorily
without going further than Prestonsburg , that he there saw Goble
& litzpatrick and bought their claim and had their deed to him and
handed me the deed to look at and say it pnoperlyduawn . I read it
and asked what arrangement was made about the agreement of Goble & 1
Fi t zpa +. :r i ck w i t h Mr . Smi 7:31th oalrleflierr‘f $3162; 62331231121 from t he i r 1711 r—
chase . Mr. Read said he agreed with them ( Goble & Fitzpatrick)to
let Mr. Smith redeem the lands it he wanted to it they didn't trade.
I don't remenber date of my conversation first above mentioned
with Mr. Reed but it was about twr years ago , as I now recollect
and some few days not over a week betore date of that deed to Mr.
Reed and my second conversation was only a ay or so after the,su~

 -3-
execution of that deed . I remember that occasion by recalling my
meeting at same time at White House Mr. M.M. Pedwine , the Comth's
Attorney for this Judicial District , who was then on his way back
from Prestonsburg where he had been to make a political speech in
tho campaign of I900, ano that he had gone there from the August
term of the Lawrence Circuit Court. Nothing further was done by '
me for Mr. Smith in reference to clearing his title of the compli—
cations or supposed complications above mentioned , as I was not
called upon Further by Mr. Smith or Carmalt & Strong or at least to
not to the evtent of takung any active stops and the matters pass-
ed out of my active attention until Mr. Reed & Mr. Smith got into
this controversy and since which I have not talked to Mr; Reed but
have correSponded with him some or rather answered a letter from
him and have talked with Mr. Smith about their matters . This is all ”v
that I now recall in connection with the matters in dispute in
this proceedings.
Cross- examined by defendant J.F. Weed.

Ques.I . Mr. Frown did I not tell you that Mr. Smith wanted
me to handle his lands in Kentucky and up to the time I saw you
nothing had been done?

Ans. I I don't know what is intended to he covered by hand— .
ling the londs,ihut my impression is now that you mentioned a deal
or trade ans I don't remember that you stated in detail your busi-
ness with Mr. Smith . By trade I mean some sort of a bargain

Ques. 2 Did I not give you ten dollars before I said anything
to you about these lands ?

Ans. 2 My recollection is that you srore of the lands pretty
fully before you gave me ths $10.00 and that you gave me that

 ; -4- .
money towards the close of our conversntbil .
Ques. 3 . When I handed you the deed did you not take it and

~ when you had read it over , did you not say "Your title is good if
Fitzpatrick & Goble deed is $006“ ?

Ans, 5 . I think I probably used that language Subject ‘50 the
right of redemption I then mentioned .
Defendant J.F. Reed objects to all testimony of witness in refer—
ence to contract between plaintiff and defendant .
State of Kentucky )
) sot.
Boyd County. )

I, Geo. R. Hartin , Exeniner in and for ?oyd County, Kentucky.f_v
do hereby certify that the foregoing deposition of Thos. *.Brown
was taken before me at the time and place stated in the caption;

7 that said witness was by me first duly sworn before giving his said
deposition ; that said deposition was written and subscribed by

i the witness in my presence. .

‘ The piéintiflf was,not present in person or represented by
agent or attorney except that the Witness T.R. Frown is one of the
attorneys for plaintiff.

The defendant 3.3. Reed was present in person . I

Given under my hend . This August IIth I902.

George P. Mertin,Examiner
in and for Poyd County ,Ky.
Examiner’s cost $ 2.00
Atteat. Geo. R. Martin,Examiner.