xt70zp3vt865_292 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. Harris, John Q. et al text Reynolds, W.J. Jr. et al. v. Harris, John Q. et al 2016 https://exploreuk.uky.edu/dips/xt70zp3vt865/data/63m46/Box_27/Folder_2/8089.pdf 1912 1912 1912 section false xt70zp3vt865_292 xt70zp3vt865 /i m
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, F L O Y D C I R C U I T C O U R T . ,
W. J. REYNOLDS, JR., Etc.. PLAINTIFFS. 9

-Against- / DEPOSITIONS FOR DEFENDANTS. -

JOHN q. HARRIS, Etc., DEFENDMITS. 7

I The deposition of John G. Johns and others, taken ‘,

at the law office of Walter S. Harkins in the city of C II?
Prestonsburg, Floyd County, Kentucky, on 3rd day of I

‘ October, 1912, to be read as evidence on behalf of the jg
defendant in an action pending in the Floyd Circuit Court :

wherein w. J. Reynolds, Jr., etc., is plaintiff and John

G. Harris & others, are defendants. VE

The witness, John G. Johns, being of lawful age and i

by me first duly sworn, testified as follows:- ‘ '5

DIRECT EXAMINATION BY WALTER S. HARKINS:‘ i;

Q. Mr. Johns, please state your age and Where you ‘j

‘ reside? “%
i A. I will be seventy four years old at my next birth- ii
day, which is the third day of March. Winchester, Ky. 'i

I Q. Beforeg oing to Winchester, Kentucky, did you reside if
in Floyd county, Kentucky? If so, state how long? ‘E
A. Well, my life has been spent in Floyd County previous ii
to l389. born in Floyd County and resided there up until ;2
that time. Q
Q. During the time you resided in Floyd County, What :
business were you engaged in? “E
A. Well, I first started as clerk of the Floyd County I;
- Court in 1862, and I followed the mercantile business and C?

 E
H %
lumber business in a general way. I i
Q. Were you acquainted with William J. Reynolds, de- E
ceased? E
A. Well acquainted with W. J. Reynolds, deceased. f
‘ Q. If he was any relation to you, please state that F
fact? .
A. Yes, sir; he was my first cousin. '
Q. State whether or not he was brought up on the ad- ,
~ joining farm with you? If
A. Yes, sir; he was brought up On the adjoining farm
to the farm I was raised on. 't
2 Q. What were the personal relations between you and :
Mr. W. J. Reynolds? 2
I A. Cordial; friendly.
' Q. Are you acquainted with the tract of land that is
I the subject of litigation in this case that you bought
_ at commissioner's sale? a
v A. Yes, sir; well acquainted with the land. It
I Q. How long have you known it? -
. A. I have known it as far back as I can remember. I
remember teaching school within four or five hundred
,' yards of the residence of Michael S. Reynolds, who was
. the father of W. J. Reynolds, deceased, in 1859. I was .
well acquainted with the family and frequently took my I
meals there while I was teaching that school.
i Q. Do you know how Mr. William J. Reynolds acquired ,
title and ownership of that farm?
A. He inherited it through his mother, I think-- the
land on which he died, that is the main tract of land.

 . -3-
There was a survey made around it since the war, taking
in a few strips of mountain land that had not been con-
nected with it previous to that time. '
Q. Do you mean that he inherited it alone or he and
his brothers and sisters?
A. I mean by that that it descended through his mother ,
to the children- W. J. Reynolds and others—
. Q. To the children of Whom?
‘ A. Michael S/ Reynolds and his wife.
Q. What were the names of the children?
A. I am not very familiar with the names of the chil-
. dren. I think one was named Flora. I
Q. Beginning with William J. and go on down?
A. W. J. Reynolds was the oldest of the family, and
the next member in line of age would be Nancy J. Reynolds,
Who afterwards married Pike Pendleton, and the next would
. be Susan C. Reynolds. She married Thomas Owens. Mrs.
Nickels, she was the youngest. <
Q. What was her name?
f. Mildred Reynolds. She married A. M. Nickels. There V
were other children who were drowned. f
Q. Do you know whether those who died or were drowend :
died in infancy or not? i
A. Yes, sir; the one that was drowned; I am inclined to i
- think he was the youngest of the family. He was in the
' care of John Wilse Mayo, his uncle, to raise. He had ‘
been living there for years before his death. 3
’ Q. How did William J. Reynolds become the owner of ,

 -4-
the interest of Mrs. Pendleton in the farm?
A. He bought it.
Q. Do you know how he got the money fiapay for it?
A. I furnished the money that paid for it. V
d. How much? ,
A. Five Hundred dollars.
Q. If he gave you any paper evidencing his indebdedness ‘
‘ to you for that mnount, please state that fact? ‘
h A. Yes, sir; he gave me a note secured by mortgage, not
only on that part, but on his individual interest he had
- inherited in the farm.
Q. How did‘ne acquire the interest of his sister, Mrs.
Owens?
A. He acquired that by purchase.
Q. Do you know where he got the money with which to
pay for it?
A. I furniShed him $500.00 to pay for her interest.
Q. If he gave you any note or paper evidencing that in-
debtedness, please state that feet?
A. Yes, sir; he gave me a note secured by mortgage upon 1
What he had there, that would makehis own interest, and
the interest of his sister Nancy and also the interest
that he paid for with that money, made three interests in ‘
the farm that he acquired that way. '
Q. Did he afterwards acquire the interest of his sister, ‘
Mrs. Nickels?
A. Yes, sir; he afterwards acquired the interest of
Mrs. Nickels. .
q. Do you know how he got the money to pay for that?

 -5-
' A. He got the money to pay for that interest of John
Finalyson.
Q. Did he give Mr. Finalyson a mor tgage? y
A. He gave Mr. Finalson a mortgage, note, and mortgage
to secure payment. '
q. How did Mr. Finalyson get his money back, if you
know? -
A. I paid part of it to him myself individually. I paid
. him at one time I remember $105.00 and something, probably '
the balance on it- I think Mr. Reynolds probably had paid
him some on it maybe previously; I don‘t know how that
was. I remember, I think $105.00 I know it was $100.00 ' ”
any way Whatever it was, balance due on it.
Q. In addition to the money that you furnished William ‘
J. Reynolds with which to buy these lands and to pay
for them with, did you at any other time let him have
other sums and amounts?
7 A. At various times I have furnished him money in the "
furtherance of his business.
Q. Was he a customer at your store?
A. A regular customer at my store.
Q. Didhe buy goods from you and send orders to you to 2
pay others for him in the store?
A. Yes, sir; during the time I was a merchant-
Q. If after these transactions were running on from
year to year, you had any settlement with him and take V
a final mortgage showing the amount he owed you, please
_ state that fact?
A. It is a fact; the debts I held against him was closed

 -6- .

by the mortgage, final mortgage. He came to me, knowing
that I was going to locate at Winchester, KBntucky, and
proposed to sell me the lands, stating that he didn't
think he could pay for them, for the land; at that time
he had the title papers with him. I had his notes and
accounts all made up and ready for a settlement, and the
amount of the mortgage which I presented to the court in

. settlement of his estate after his death was the balance up
to the time we made that settlement, and that was the last
settlement we made.
Q. Do you from memory recall the amount of that last

, note and mortgage to you? .
Q. The exact amount of it I dont remember. It was
. $2209, and s0me cents, I think it was, but I would like

to refer to the mortgage to be exact about it.
q. Have you caused your attorneys to make search for ,

V the mortgage and the papers filed in the suit for the
settlement of William m. Reynolds' estate?
A. Yes, sir; I have made an effort to get the original
papers to refresh my memory in regard to the matter.
Q. You been able to find them or locate them?
A. I have been unable to locate them?
Q. If they can be found, are you willing to refer to the
note and the mortgage on file and presented in the suit
for the settlement of the estate of William J. Reynolds?
A. Yes, sir; I am.
Q. And make it a part of your deposition in this case?
A. And make it a part of my deposition. The amount of
that mortgage is $2209.05; I remember that to be the correct

 1 ‘7‘ I
amount of it. I think it was dated the 17th day of March, *
1890.
Q. After you presented the note and mortgage as a claim ‘u
against the estate of William J. Reynolds and filed it in  
the suit for settlement of his estate, was there a Judgment
of sale of the land under your mortgage and othed debts '.
against the estate? .
. I Q. There was. a
Q. Do you remember what commissioner it Was, if there
was a commissioner, that made sale of the land?
A. J. D. Mayo.
‘ q. Wh0\bought the land in that sale that you now claim? '
A. I bought it at the sale. :
Q. ho you remember the amount of your bid.
Q. I am inclined to think it was $3315.00.
'I q. For this amount did you execute sale bonds?
y} A. Yes, sir.
Q. Did you afterwards pay the amount of the bonds?
A. Afterwards paid the amount.
Q. Who conveyed as commissioner of the Floyd Circuit ‘
Court the title to the land yOu bought to you?
A. J. D. Mayo, Master commissioner.
Q. Have you the original or copy of that deed present?
A. I do not have it immediately present, but think I
have it in my files down at Mr. Harkins' house-
Q. Will you file the original or procure a copy of it
and file the copy and refer to it and make it a part of I
this your deposition?

 -8-
A. I will file it or a copy of it, if I am mistaken
about having it. I think that I have it.
Q. Do you remember When you took possession of this
land?
‘ A. I took possession of it in 1898, I think, sir.
q. was that after the deed had been made to you?
A. It was after the deed had been made to me-
‘ Q. was anybody in possession of the farm after you took I
possession of it or at the time you took possession of it? ‘
‘ A. There was not anybody there at the home or anybody
claiming possession or in possession of it anywhere that _
i I knew of.
' Q. If you know, state the maiden name of the mother of
these plaintiffs? '
A. I know she was Joel D/ Allen's daughter of Beave,r but ‘
I I dont just remmber her name. I knew her very well, too.
Q. At the time this suit was pending for the settlement
‘ of W. J. Reynolds' estate, did these plaintiffs, the
_ children of William J. Reynolds, have a guaraidn?
A. Yes, sir.
, Q. Who was he?
. A. That was there uncle, David Allen.
V Q. Mr' Johns, have you since you have owned this farm, 1‘
' out and removed any timber from it? I
A. Very little frOm it. I would like to make a statement '
j in regard to that part of it. Mr. Reynolds, previous to '
-' ' his death had hauled all of the timber off of it himself
i that amounted to anything, the poplar timber, and there
. may have been a little timber near the top of the mountain I

 -9-
and on the south of Bull Mountain going in the direction
of the Johns farm that I might havecut off of it, but very
little timber there to be cut off. I only hauled a small
scrap near the top of the mountain on that side of it.
Q. What was the value of the timber so taken off of this
land by you in place? I
‘ A. I don't suppose it would have exceeded $300.00, maybe
. not so much.
Q. Are you now and were you then familiar with the rental
value of that land that you bought from Mr. Reynolds?
A. Yes sir.
Q. How much would it be per year? V
A. Well, that I got possession of I rented it to John
Aunt Hall for $200.00; that was for the year 1898.
_ 'Q. Please state whether or not in the matter of the
appointment of John Q. Harris as Administrator or of his
j bringing suit for the settlement of William J. Reynolds*
estate, or of his proceeding therein, you were in collu-
sion either with John Q. Harris, the administrator, walter
S. Harkins, his attorney or other person? V
A. I never was in collusion in that case, nor in any
other, to do anything that was not fair and right.
Q. Who appeared for you in the matter of presenting your
answer, your note and mortgage as a claim against the
estate of William J. Reynolds, deceased?
A. I dont remember in my whole life that I ever got a
- lawyer to attend to anything of that kind for me. If I had
amortgage to draw I drew it up myself. The affidavit as I

 -10-
understand the law required I prepared myself and it x
was filed with the papers in that suit, and at no
time did I employ you to attend to it. I remember at
one time that I did during the litigation resist the pay
ment of taxes, and you did represent the heirs, I suppose,
in that while I was in favor of protecting them all the
time as much as possible to resist these taxes, and on
two occasions I resisted the payment of taxes, one was they
' had taxes listed against the land when I had paid, as-I
thought the whole thing up, and then they had included
some land that Mr. Reynolds or his heirs owned on Beaver
up there that I never had any connection with Whatever,
and they had those charged up against me, and I appealed
to the court, and I did have to pay the taxes after the ad-
ministrator had taken chargeof the farm and was in possess- .
. ion of it. .
Q. You mean the administrator or'guardian? ‘
I A. I mean the guardian, David W. Allen. The court re'
lieved me, however, from paying the taxes on the Beaver
' land that I had nothing to do with, had not bought nor
made any claim to. .
Q. In the claim that you presented for the amount of
your note and mortgage, was it for any sum or amount in
‘ excess of what Mr. Reynolds owed you?
A. No, sir; not in excess of it; sure not.
Q. Was there any usury or false charges contained in I
" that claim?
A. Not a nickel of usury or false charge in that
account. I kept my accounts itemized and Mr. Reynolds ‘-

 -11.-

and myself went over them carefully and settled on them.

There was not anything in it that was wrong any way in

that account. ,

Q. In making that settlement on the occasion When he

gave you the last note and mortgage, please state ‘

whether or not he was given credit for all amounts

that he had paid or was entitled to receive credits for? '
- A. Every thing that he had paid me he got credit for

and deducted; that Was the balance after and full and

complete settlement, going over the whole matter, and

not a nickel of interest encouched in the note and mort-

gave, but was the absolute balance due me aside from all

of that.

Q. At the time the land was sold by the commissioner

in the suit for the settlement of his estate, did the land

bring enough to pay you the full amount of your mortgage?
. A. It didnt bring enough to pay me the full amount of

my debt.

Q. In addition to the amounts that you loaned Mr. Reynolds

and let him have from time to time as set out in this sort-

gage, and in addition to the mortgage, did you have to

pay for him any sum or amount after his death? If so,

please explains What it was?

Q. Yes, sir; I had to pay or rather helped to pay for

his burial clothes after his death, for which I never '

asked anything and never received any thing; nobody offer- .

ed to payme. ‘

Q. To whom and how much did this payment amount?

 3
' 1
L‘ +12- ,3
A. It was to Isaac Richmond- After Mr. Reynolds died, %
John Q. Harris, a first cousin of his, was over there and i
he came to me with the statement that they wanted me to L;
send burial clothes for Mr. Reynolds, and I told him it %
was alright. I went with Mr. John Q. Harris to Isaac Rich— 1
mond and told him to let them have whatever they wanted to ;
bury Mr. “Reynolds in, that I would see it paid, and I sup- 3
posed at the time that Er. Richmond would present it as a .é
' claim against the estate of Mr. Reynolds, but after the es— ‘L
tate was closed up he hadn't done that, but made out an ,%
_ account against me for it, and I had a consumtation with the L
administrator, John Q.MHarris, about the matter, and he -3
agreed to pay anddid pay bne half of the amount and I paid 3
the other. I think it was less than twenty dollars, seven- 3
teen, eighteen or nineteen dollars, and not a cent of that I}
'L has ever been paid me, and I have never requested if ot any L
member of his children, not one. ‘
' Q. The man Finalyson to whom you made payment for William :
J. Reynolds, is he living or dead? 7
- ' A. He is dead. I have present the account of Mr. Rich- _L
mond, half of which was paid by John Q. Harris and half by L
me, which I file and refer to and make a part of my j
' deposition. '
Q. From and after the time you took possession of the
land described in your answer and counter-claim under the L
deed to you from the commissioner, have you continued to .
occupy and claim that land as your own?
A. I have continued to claim it; I never occupied it; I V
took possession of it. 3

 -13-
A. By myself and tenants‘ by my tenants through me. I
have claimed the ownership of it, and have somebody attend~
ing to it for me. ‘ /
‘ Q. WEre you so seized and possessed and claimant of
this property on March 21, 1912, when you filed your %
, answer and counter-claim in this suit against you by the
heirs of William J. Reynolds? '
’ A. Yes, sir; I was the owner of it at that time. I am
inclined to think I am owner of it yet. 2‘
‘ q. Since this suit has beeb brought against you by the ‘
: heirs of William J. Reynolds, have you had occasion to I
' examine the files in the old suit for the settlement of I
the estate of William J. Reynolds? “
A. Yes, sir. ;
Q. From that examination have you present recollection I
' as to whether or not the affidavit in support of your note ‘v
I and mortgage filed in that record was in your own hand- I
I wrting?
_ A. It was in my handwriting- Iiemember distinctly
V greparing it and presenting it.
g Q. Did you procure John Q. Harris to be appointed ad- '
ministrator of the estate? , i,
‘ A. No, sir; I gave my consent to it after we couldn’t
V get anybody else to do it. We tried to get somebody
else closer akin' to William J. Reynolds to take charge, v '
the Allens and folks up there, but we couldn't get anybody
and Mr. Harris, being a relative of the family, I gave my
consent. »‘
Q, Did you do anything to cause John Q. Harris to bring y.

 -14-
this suit for the settlement of the estate?
A. No, sir; I did not do anything.

‘ Q. In presenting your claim for your note and mortgage '
was it your desire to become owner of his farm and lands -
or just to get your money?

, A. Just to get the money. I didn't want to buy the land;

' ’ I wanted the money is all I wanted, What was due me on V

V that mortgage and notes

Y Q. At the time the sale was made of the land, state ,
whether or not there was competitive bidding?

A. There was.
Q. Who was it, if you remember, that was bidding for the ‘
tracts that you bought?

_’ A. Mr. Green Stephens was one, Mr. Frank Hopkins bid
for some more of it, and I dont remember who else; there .

' ' was a great many there present, but I remember those

i three. I dont remember distinctly whether there was
any other bids made by anybody or not.

Q. In the petition the plaintiffs make the claim that

" their father, William J. Reynolds, before his death had
fully paid off and discharged all your claims? Did he '
do so? i
Q. He didn't do so; hever paid me a cent of it; not
one cent.

Q. The plaintiffs make the charge that they were-turned 'V
out and driven from this land within a few days after ,
their father died? Please state what you may know, if

-' anything, about this charge, whether it is true or untrue?

 . -15‘
A. Unture, every word of it.
Q. Where did their guardian reside at that time?
A. I suppose he resided on Beaver, their father's old L
homestead; I never knew exactly, it was on the left fork l

. of Beaver- just where he did reside I dont know.
Q. What, ifanything, do you know about his having the
care and custody and possession of these children and
‘ taking them to his home to care forthem?

Q. Well, my information and my recollection about that
matter is that the children were in the charge of their ‘_
grandmotherat the t time, who lived up on Beaver, and

‘ was not living with their flatner down there. I dont know
that to be a positive fact, but that is my impression,
about it. I dont remember seeing them when I would be

_ over there.
q. Was these plaintiffs‘ mother dead at the time?
i Q. Their mother was dead- the childrens' mother was dead. ’

Their mother had been dead for a number of years before '
they were taken charge of by their grandmother; well, my ,
information was about the time Mr. Reynolds decided to put
the still up there and went to putting it up near the road,
I having this mortgage over him, he came to me at time or -
two to get my permission to let him put it there, and the
first time and only time I ever remember to have refused to
stand by him I did in and refused to allow him to put it
there, because it would not only destroy his own family and
himself, but it was a bad thing in the neighborhood, and
I liked the people on Ball, and my neighbors and friends,

 -15-

and I was not going to be a party to the erection of a
still among my neighbors. All along in connection with
that, I think that there was some trouble between these
childrens’ grandmother, the Allens, up on Beaver, about

- ‘ the life Mr. Reynolds was living; he had a woman with whom
he hadnt been married living, there and they took the chil-

‘ dren away, at least that was my information and they were

. kept up on beaver with their grandmother. I dont remember
seeing any children there but one they called Nerve Size-
more, and that girl was hn illigitimate daughter, at the
time I was over there; I dont remember seeing any of his
childre; they could have been there, but I didnt see them.
Q. When did Mr. William J. Reynolds die and what produced
his death?
A. He died, I think about the 29th day of October, 1896,
from a gun shot or pistol shot at the hands of a man by
the name of Tom Moore, who was a distiller for Mr. Reynolds
running a Still for him about that time, or connected

f with the still.

I Q. In addition to the tracts of land that you have
mentioned and now own and possessed of, was another
. tract included in the sale that was sold to Mr. Stephens?

A. Yes, sir; another tract that I bought was sold after-
wards to Mr. Stephens. '

i Q. It was bought under the same circumstances?

' A. The same sale, same judgment and so forth.
Q. Was there any other piece that was bought by Mr.
Stephens at the sale that was included in your mortgage
for Which he was the highest bidder?

 i
i
£
5
i
-17- ‘ '
A. I remember there was a piece hr. Stephens bought at . j
the sale for $205.00. He bid $205.00 and it was sold to E
him. V . '
q. In addition to what I have heretofore stated, I want '9
to say that if I had been paying cash for this land, I §
‘wouldnt have paid as much for it as‘I did. It was in order
to get as much out of my debt that I could that I was bid— ?
ding on it. ‘ I §
CROSS-EXAMINATION BY MR. FERGUSON: ' ' I
Q. I believe you say that at the time that this land was ‘
sold, you was then moving or had moved to Winchester? ‘
Q. I was expecting to. My family was-there at the 1
time. I had bought property there. ' '
_ I Q. You were making arrangements to go there? -
A. I was making arrangements to go there.
Q. was that one reason why you didnt care to own I
property or any more land in this county?
A. No, sir; that was not my spefiial reason for that. My
I reason was I knew the land and I thought that I knew about
what land was worth. While it joined my farm, there was
not enough of it, I didnt think, to be worth as much as
‘ I paid for it. I was not aflaid of land up in the mountains .
no, but I didn't want to pay more than I thought it was
worth.
And further deponent saith not.
(SIGNATURE WA IVED.) .
' J. G. JOhns.
A189 the deposition of M. G. STEPHENS, taken at the

 -18-
same time and place and for the purposes stated in the
caption. Said witness being of lawful age and by me
first duly sworn, testified as follows:-
‘ DIRECT EXAMINATION BY MR. HARKINGS: '
Q. Hr. Stephens, where do you live and what is your age? - '
A. I live over here on Bull creek in Floyd county. I
' will be seventy one years old the 11th day of this month.
Q. You are the m. G. Stephens named as defendant in
this suit? I i
A. Yes, sir.
Q/ You fined your answer in this case?
A.' Yes, sir« I
i 'Q. Were you present at the time the Master Commissioner
of the Floyd Circuit Court sold the William J. Reynolds
_ land 8 on Bull Creek for his debts? '
A. Yes, sir.
Q. Did you buy some of the land at that time?
0 A. Yes, sir.
Q. What land was it you bought?
A. I bought the piece that was known as part of the
Crit Crisp land that was of the Moore fafm.
Q. Do you remember the price you paid for it?
A. Yes, sir; $205.00.
Q. was John G. Johns present at that sale?
. A. Yes, sir.
Q. .After the Master Commissioner knocked off the land to
him at his bid, if he made any offer to the persons there
assembled to allow them, any of them, to have the land at
that price, please state that fact? '

 -19-
A. He expressed right in my presence- I dont remember
just Who was standing by- that anybody who wanted the
7 land at his bid could give bond and take it.
Q. You owned the farm adjoining Mr. Reynolds' land?
A. Yes, sir.
Q. Are you acquainted with the lands that was bought by
Mr. Johns at that sale? ‘
A. Yes, sir.
Q. State what, in your judgment, was the fair value for
the lands that he purchased? '
A. Well, I never could have valued it more than they did
value the land, at commissioner's sale.
Q. What was that?
A. $4000.00 is my recollection of what it was.
Q. You mean all of his land?
A. That was the lower place, the hOme place, leaving
two scraps out that laid up there by me.
Q. Do you know what that land brought?

" A. Thirtyvthrce hundred and some dollars. I dont
remember the amount- I thought it was $335.00- $3300.00
and a small amount over it.

Q. Was there anybody else present there that offered
to pay a higher price for it?
. A. No, sir; there was another bid or two outside of what
. I bid on it.» I bid some on it myself; I didnt bid on the
whole tract; I think Mr. Hopkins made a bid or two on
it, and probably Dcde Calhoun— somebody else anyhow, made
a bid or two on it.
Q. Did you afterwards buy another piece of land?
A. Yes, sir.

 -20.-
Q. Who did you buy it from? ' '
A. I bought from Mr. Johns, the part that is known as
the Crittenden Crispe farm.
Q. Was there a'piece of the land there sold under the
mortgage to John M. Holbert?
A. Yes, sir.
Q. Who bought that? - . '
A. Frank Hopkins as John M. Halbert's Attorney bid it
' in.
Q. Know at What price?
A. No, sir; I don‘t remember the price that he did bid
on it. . .
' Q. Who owns that piece of land now?
A. I own it.
Q. Who did you get it from?
A. I bought from Mr. Halbert.
Q. He made you a Deed for it?
A. Yes, sir.
Q. Did you take possession of it under your deed?
A.' Yes, sir.
i Q. Have yOu continued to occupy the land and claim it .
as your own since then? ‘
A. Yes, sir- . ,
Q. Have you taken any Timber off of it?
A. VG, Sir. , . '
I Q. What is the fair rental value per Annum of that tract
. of land you bought, the Halbert tract?
A. I suppose $50.00., a Year. ‘ '
Q. What would you regard as a fair rental value per
i .

 A _21_. . .
year for the land purchased and owned by Mr. Johns?
A. Why, frOm $175.00 to $200.00., not above $200.00.
Q. How long have you been acquainted with that land?
‘ A. I have been acquainted with it about 48 or 49
‘ years.
Q. Have you been a farmer all your life?‘ ‘ ‘
A. Yes, sir.
V Q. The two tracts of land that you own and formerly
belonging to William J. Reynolds in his lifetime are -
described and set out in your answer and counter claim in
this case? i
_ ‘ A. There is three tractso two known as the Crittcnden
Crisp tracts, and the Halbert tract, makes three, that
“ Reynolds owned in his lifetime. _
Q. They are described in this paper? I
A. Yes, sir. I I
Q. You claim to be the owner of them now?
A. Yes, sir. '
i Q. Mr. Stephens, did you do any thing toward bringing
about the sale of this property? '
A. No, sir. '
Q. Had nothing to do with it until the day of sale?
' 4 A. No, sir; didnt have any thing to do wifia it.
Q. State whether or not, in your judgment, the price ,
you paid for it was a fair and reasonable value for the
property at that time? ,
- - A. Yes, sir; it was enough for it, and a little more .
than anybody else would have paid, I think.
I Q. If you were influenced to pay more than its market

 -22-
, value at that time, please state the circumstances that
caused you to do it?
A. Well, it laid in strips through my place; and that
induced me to pay more than I would have paid for it, h“
it hadnt been in that shape and made it unhandy for me
to work around it and fence it and every thing and I
bought it and paid more for it than I would if it hadnt
been for that. '
Q. Is there any other fact or circumstance that occurs
’ to you that you want to state?
A. Now, in regard to what they said in their petition,
_ the way I understood it, that Mr. Johns or some of us .
had caused the infant heirs to he moved away from the
place without their consent-- ' I
. ' Q. Explain what you know about that?
A. I think that Mr. Allen, their Guardian, in a day or
two a ter Mr. Reynolds was buried, probably the next day,
they drove some wageone there and they took all the
' house plunder and everything elseamay, so far as I know
anything about; they took all they could get in the wagons
I and even drove the cows, horses and hogs and everything—
.took them off up to Beaver where Mrs. Allen lived- I
think she took the control of the children under their
guardian’s instructions.> .
CROSS EXAMINATION BY MR. FERGUSON:
‘ Q. Mr. Stephens, I believe you say that Mr. Allen, the
guardian, took the hogs, horses, cons and most everything
' ‘\. from the place. Isnt it a fact that there was a drove ‘
of fat hogs that was sold by the administrator, rather I
than the guardian, and was driven here to town, that be-

 -23- ‘

longed to W/ J. Reynolds? 4
A. If there was I dont remember. There was some fat

bogs they drove to Beaver, but if there was any drove

I in this direction'l dont remember anything about it"
Q. Who drove them? 4 i i
a. ‘Allens, under the instructions of their guardian,
Dave Allen. ‘
_ Q. Do you know how many there was of them?

' A. No, sir; I dont remember exactly the numbr of them.
They took everything. It seems that there was just a
snatch-grab to get all they could, from the way the
movements went on.

. Q. You didnt see any snatching and grabbing of anybody
else except i_:rr.,.A11en, didyou? -
A. Well, there might have been some more done there- I '

i dont know what they got. That Size more women living
there had some children by Mr. Reynolds, and it seems
they were all trying to get something; I dont know just

‘ what they got or what the others got.

RE DIRECT EXAMINATION BY MR. HARKINS:

q. Have you present your deeds for these tracts of land?
A. I havent got the deed for the tract hr. Johns made

to me, but it is on record here and I have some other I
deeds~

Q. You have presented me with a deed signed by F. H. 7
Morell, commissioner of the Floyd circuit court, bearing
date November 14th, 1897, which purports by endorsement
thereon, to have been recorded in deed book No. 21, page
83 and 84, Floyd county court redords. Is this one of

the deeds under which you claim part of the land?

 -24-
A. Yes, sir.
a. Are you willing to file it and make it a part of ~
, your deposition in this case?
‘ $ A. Yes, sir. , '

Q. Are you willing to procure the originals or copies
of other deeds you have and file them and make them part
of your deposition?
A. Yes, sir. _ .

. Q. How close did yoa live to William J. Reynolds, de- .
ceased? l
A. It was a short half mile.
Q. Were you living that close to him at the time of the
birth of his children, the plaintiffs herein, W. J. Rey-
holds, Jr., Flora Dingus and Rhoda Howell?
A. Yes, sir. ‘ ,

- Q. If you know When they were born, please state that

fact, giving the date of the birth o