xt70zp3vt865_97 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. 1921-1942 text 1921-1942 2016 https://exploreuk.uky.edu/dips/xt70zp3vt865/data/63m46/Box_13/Folder_14/0001.pdf section false xt70zp3vt865_97 xt70zp3vt865 MEMBER FEDERAL RESERVE SYSTEM
Th ;
e IFTH HIRD NION RUSTco.
CAMTAL AND SURPLUS TEN MulJON DOLLARS
DEPARTMENT OF BANKS
HARRY NAGEL VICE PRESIDINT Cl NCINNATI' OHIO
CHARLES N. EVANS As“ cum.
W. CARROLL SHANKS ASS'T CAQMmR
ALBERT REIK ASS'T CASHIER
January 19, 1954.

Mr. Joseph D. Harkins,

Prestonsburg,

Kentucky.

My dear Mr. Harkins:-

Your letter of January 14th was duly received.

I have gone over the sane with our counsel,and
after careful consideration and in a desire to assist you and your
brother, as well as your mother, in any way we consistently can, we
will agree to the following settlement of the notes in question, to
wit.

You to pay within the next ten days, the accrued
interest to date of payment upon each of the notes, and also a 20%
curtailment of the principal thereof. Such payments and all future
payments to be credited on the judgement, as we can not satisfy and
release this judgement and accept new notes for any balance, without
raising serious legal questions. After such payment of accrued interest
and 20% of the principal is made, additional payments of 20% and accrued
interest are to be made every ninety days until the judgement and in-
terest is fully paid, and at that time we are to satisfy the same of
record. also, if the foregoing is acceptable, you are to settle with
our local attorneys at Catlettsburg, Martin and Smith, and send us their
receipted bill, at the time such first payment of accrued interest and
20% of principal isxnade. You are also in this event to recommend that
the account of The Bank Josephine with us be continued at least until
after full payment of the judgement, and that the amount of such account
be increased from time to time in reasonable amounts and following the
usual course of business.

Inasmuch as the present notes are merged in the judge—
ment obtained against your brother and mother, our attorneys advise us that
such judgement should be paid off in the manner above indicated, which,of
course, precludes us from taking any new notes.

assuring you that we have gone as far as we can, under
our attorneys’ direction, to nest you in getting this matter amicably
adjusted, I an,

7::E;:g%%:{;;%:§?7 é:
' o o A S,
WCS.GD Assistant Cashierfi

 i‘-/1
W
331“». 3433 £11 (flaunts
fihgsitimt anh fiurgeun
Eating, 'fimmrkg
May, 2, 1934
lIr. John Pezmarozi,
Ieckey, Kentucky.
Dear Sir:-
I have decided to undertake to explain to you or to can-
vey to you my idea concerning your actions in connection with a
boundary line existing between us.; we have had a law suit over this
same boundayy line with your same contentions that existed when the
suit was brought a few years ago, and which Was decided in my favor.
Your contentions now and your inclination to teesspass is the same
as if no law suit had ever been decided between us.
I am at a loss to understand why you continue to act and
do the thnngs that you are now doing. You seem to be a man of
averate intelli ence nd ourht to know be t r tirn to do the thin s
wnichéyou are d3fing.ltacouldbonly be one 0% two things g
real meanness or lack of understandin% to such an extent that it is
impossible for you to know where to s op at, so far as the properyty
belonging to others and in order for me to reach some agreement‘ I
whereby we Can be friends and understand one another. am maknig
you a proposition which would be very unfair towards myself in
order to be able to carry out the suggestions which I have made.,
and accept the losses which would occur to me and to my heirs by .
doing so, realizing it is a mistake to continue to mess With the .
thing in the way of a controversy that can never be settled, With- “
out some diffinite action taken, and which I hepe you W111 accept .
my offer in a business like way so that we can hereafter be friends,
After I make this effort and should I fail, then I shall under-
take another lawsuit exactly like the one we have already had and ,
will again gain the same object obtained in my preVious lawsUit.
There is nothing that Can prevent me from being successful should '
I have to and be forced to accept this as a final outcome.
' do not know who you represent, whether you own the land or not? or
whether you are acting for others, but in the meantime ifpa snit
is necessary I will undertake to know who has ownership 0. the land
nich you are now claiming.
' ' the descriotion
As set out in my first contract to you, 7*
s set out in the deed Was as-éollows: commenc-ng at the toP edge
:f a cliff near the mouth of a drain, and running Wlth theH d
. t i ' known as the G. S. owar
v ed e of the cliff around to a line .
:3:“ gr land;it does not state pomtlnsfip 0}" down thedhifi’sfi‘if ggyM
meant straight around the hill; ghence wtt; gisthenglgnsurvey which 71%“? I
ve down to the county road. I ave a c p‘ i _ jp/rrj
sths exactly what was intended by the G' 5' Howard line. [9”] :

 2375. 5935 C433. (flailing
fihgsifian anh fiurgenn
Incheg, [fienturkg
John Pezzarozi
-2-
There was a box house built just at the no a

. per edge or the old
coungy rOad. The upper corner of it was built Exactly on this line,
on e G' 5: H°Ward tract, and this 18 where the old survey will
3%:;: the line, and there W111 be no way for you to den! it, in any

According to this you first built a dwelling house above has
road three feet over the line, and I told you, you had done this,
later you pushed this enme building back in the hill further, and
put it over the line at least dix to eight feet; this is the
building where your restaurant is at now. 1 will contend for that

much of the house, if T am forced to law or bring suit and will
take at least three of the buildings which you have built oniland
not belonging to you, and two toilets, if a law suit has to es
commenced and fought out again. Also you have built a rock wall
at least 15 feet across the line on land that does not belong to
you.

But if I can get you to agree to move the two toilets and let
me run a fence beneath the three lower houses, starting at the
end of the cliff and running out o the . 5 HOWard tract and then
down so as to miss the rock wall as you now have it, Will agree
to do this rather than be drawn into a nother lawsuit which may
cost quite a bit of money and time.

am submitting this to you for your consideration and hope

i ‘r from on favorable but should .ai o reac any agree-

égngidthen I $111 commence legal proceedings’to _hold every inch

of land that belongs to me and any and all buildings now on land
which you have undertaken to occupy.

Please advise me what you will be willing to do if anything
to meet my porposal. This will be my last time to attempt to
settle this matter only in the way of legal proceedings.

Yours very truly
DR. M. H. GOLLINS

 Huntingtin, ". Vn.
July 7, 1034.
fir. Joe. Harkins,
?vestonsbuvg, Ky.
Ty dear ”r. Harkins:

I was in you” OTfice y stewday hut you were
out of the city. I cow Dr. Stumbo and he ir still in the notion
of selling the hownital. He 1? asking ?15,000.00 down, ihe
balance f0 be paid with County orders as they come in.

End a long talk with your Moiher and sisters
and they are very enthusiastic and Very much in hopes that I
might nake the deal. Now, if we purchase this hosuitnl on theee
terms this vdll have to be financed thvouzh youv bank in “"entons-
burg. I have the following suggestion:

We pt‘opooe to Dr. Stumbo to on}; him 515,000.00
cash and give your bank a first doed-of-tvuet on the hornital
orooerty at Tartin, notes running Tor a neriod of two Y)a*?; that
Dr. Sfumho take a PeCOHd deed-of-t"ust ’or the balance of $50,000.
and I will give Dv. Stumbo a decd-of-twust on my home to secuve
the nayment of these notes. We raid i50,000.00 for this home in
1994. There is between ¢15,000.00 and 516,000.00 indebtedngsr
against this property. We feel that 1he o'opcvty in north 540,000.
today.

We would like to bring this Hatter to a head
this week if noseible. I haVe been conridering woin: to *shlund
and hove a very gwod opening there among very hish claso neople '
wi+hout any investment and it may be the boot thing for me to do.

Since you ave Dr. S+umho's attocney I an ask-
ing -r. ~17ortcr Ways to act for me and have owiften him full inetwuc-
tions.

Hoping that this mafter can be attcndod #0 at
once, I am

Yours sincerely,
L71 _
.4.
m J. Guthrie, .Ti. D.

 L ‘ ' ‘ ' LAW OFFICES 014'
E D‘ViXRD C . O'RE rXR
FRANKFORT, KENTUCKY
November 7, 1934
Hon. Joseph D. Harkins
Prestonsburg, Kentucky
My dear Mr. Harkins:
Ryley, etc. v. Pryor, etc. I

Before leaving Prestonsburg Monday you called me into
your office for a conference looking to an amicable adjust-
ment of the affairs of the Wells Elkhorn Coal Company, so as
to save to stockholders whatever equity there might be in the
value of the company's properties. Of course, what was said
then, and all that may be said in this negotiation, was and
will be under a flag of truce, as it were, or, as lawyers say,
nwithout prejudice.I

As the result of our conversation, and understanding
that so far as your judgment went, it was our common thought
that this following arrangement would be acceptable to both
sides, and that I was to write you a formal proposal thereof:

1. The injunction suit in the Floyd Circuit Court to
be dismissed and the restraining order be vacated.

2. The old board of directors be allowed to perfect,
as far as they can legally, and your clients not to object
thereto, the appointment of receiver in the United States
District Court for the Eastern District of Kentucky.

3. Both sides join immediately and prosecute diligently
and in good faith an application to the R. F. C. for a loan to
Wells Elkhorn sufficient to discharge its indebtedness. If
that application results favorably, the proceeds are to be so
applied, the reciever discharged upon settlement of his trust,
and the whole management, title and control of the company be
put in the hands of such board of directors and officers as
the stockholders may then select.

But, if, for any reason, the application is not granted,
and funds therefrom provided, then it will be agreed that all
parties join in application to the United States Court afore-
said for appointment of co-receiver with Mr. Hosmer, and that
you be so recommended to the court for such appointment.

 Hon. Joseph D. Harkins (2)

4. That thenceforth the affairs of the company be
wound up as expeditiously as possible, due regard being had
for the views of stockholders as to when any liquidating
order or judgment should be asked for.

In this way, there appears the best chance of salvaging
something substantial for stockholders, while paying all
creditors in full. I hope so, and would welcome your able
assistance in bringing about such a happy result.

With very great esteem, /

Sincerely yours,
a—:/ / ,/
11:00:ch //
l
\