<pre style="white-space: pre-wrap">xt70zp3vt865_313 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. Turner, Cora et al. consolidated v. Turner, John Alden text Turner, Cora et al. consolidated v. Turner, John Alden 2016 https://exploreuk.uky.edu/dips/xt70zp3vt865/data/63m46/Box_28/Folder_6/9289.pdf 1934 1934 1934 section false xt70zp3vt865_313 xt70zp3vt865 ’ A might: macaw may '
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‘_ Vii: . graph V
, . Jam Q m; twgaa DEEWﬂBﬁm ' .
‘ These aomaliaated tame are hammers, twelve a family '
diagram, am: mum never- hmre been in ehurt.‘ sit {me tim er -.
\‘1 amther, one 6:- mm phases at“ the mats have been hare-m Judge I
ﬂilhert, 53930131 Mats 3. Clay mam ram} 3; 3. W, and '

' I; in all hramhea are my befew the garment especial Judah for "
final. ﬁetemimtmn m6 Mwnt. ‘ ’
. _ at the anthem I have no haeitmy in saying that never.
big a we prettiest er thirtyvfive years I have never- m in " i:
commit, in all the owes with which i have been oomeeted, either ,
‘ (11:-anti? {33’ Wimutly, with we}; howitiom as are :1th in 1:111: ,-
reterd; there 13 mitt“ fraud; that“ is admitted alteration or
- deed: axeeuteﬁ ’33 the Matter Gemiaaioner of this Court; there it
emitted theft; them is swarm}; forgery and alter-Mien or a
further we; there 13 a and can record in the Katrina County 7‘
Chart clerk's arm“ as to which bath the gmtora and the . _ f
grantee (113613158 any Wendy, and matter which the grantee them-- _ .,
ta mama makes my claim the mean: is replete with team;
prmtitauy all the eateries]. witnaaaea for Ma plaintiff hm
:ﬁ £301"th have been: Wham, and a antennae}. am: of the 4
’:‘.if’ Washing witnesees are Web!” 1396mm; murals or lack of g";

 ‘SI morals are shown in the testimony as to some or the witnesses and 5::
g:' as to some of the parties to the action; portions of the record h?
:9. have disappeared and reappeared (as to whether the original or "37
fl‘ substituted portions is in question); craers which should have Igt
5;? been entered in the orderly procedure of the case so not appear iiﬁ
5f‘ upon the order books of the court; reflections appear in the Q15
:3: record upon the professional integrity of some counsel in the ca86.|{é
g2; _ and as to the Master Commissioner of the Court. Judge Gilbert at 1%‘7
if? one time stated that he knew there was dishonest and corrupt cons Ti
{$9 ‘duct on the part of somebody, and that he thought the grand jury lt'
fkj‘ ought to investigate it. I concur in Judge Gilbert‘s views, but ﬁ;¥
f¥f go further and say that in my juﬂgment there has been dishonest Vii:
sic ‘ and corrupt conduct on the part of many~bcdies, and that the J€f
5?: grand jury should make a thorough investigation of the entire fgi
iii record. , ~:”
2%: ' It is proper to say here that the present Circuit Court g::
ééé I Clerk and his deputies are not subject to any criticism in any 23:
2:? manner as to the disappearance and reappearance of the record or - 3;?
EEE any portions of the some, or failure to enter any orders which hit
{if have been directed to he entered in the case. The case was certi— ”ii
'55: ' fied to the undersigned special judge shortly after the present 1:;
i;% Circuit Clerk cane into office, had prior to that time been imr ité
jg? pounded, and‘have been most carefully guarded and kept by the ”a:
:1: present ofﬂicials. }55
E? .The property at issue herein formerly belongod t° A“ L' f}?
Turner. On July 7, 1951, he conveyed a portion of the property it;

to Cora Turner, then his wife; on August 20, 1952, he conveyed {if

a further portion to Cora Turner; and on May 14, 1936, ha convey- ii;

ed the remaining portion of the properties to Cora Turner. i?é

 en August 10, 1954, Henry Turner filed suit in the ’
Tit Harlan Circuit Court to recover against J. B. Turner and A. L. .3
.1? Turner judgment upon a note executed April 9, 1929 for the sum of If
01275.11, due six months after date, subject to credits of $500.00 ‘7
it: April 50, 1950, $75.00 April 14, 1931, and $125.00 April 14, 1952. :r
0?, A. L. Turner at first made defense to said suit, but later with- TI
::7 drew such defense, and judgment was rendered against him and J. H. 7
id? Turner for the debt, interest and costs. Execution was issued ’{
7£= on this judgment on March 2, 1937, and on the same day was return- In
'0? ed "he property found"; and on March 5, 1937, hoary Turner filed ti
0:, his further suit in the Harlan Circuit Court against J. E. Turner, “1
‘,i A. L. Turner and Corn Turner, attacking the deeds above mentioned Y“
Q: as having been made by n. L. Turner to Cora turner as fraudulent. M:
_:f I No defense was made to this suit and judgment was entered on 7g
if? march 19, 195?, adjudging that the deeds were executed and deliver— ?
7%: ' - ed with the fraudulent intent and purpose to chest, hinder and if
1:1 delay his creditors, and to prevent the plaintiff in the collect- ,
2:; ion of his debt. The deeds were adjudged to be set aside, and 7;
' :7; the Master Commissioner was directed to sell the property, or a £7
7%: sufficient amount to hey the plaintiff's debt, interest and costs, ,7;
7,7 the judgment being in the usual and regular form. 1;
if: The Master Commissioner advertised the property for sale if
if; on april 5, 1057, had the property appraised (advertisement and hi
it? ’ appraisement in the record); the appraisal was $1500.00. There :*f
77. also appears in the record, on a yellow, or manila paper, an I 77
hi7 order showing that the Easter Commissioner filed his report of sale E?
aid on 5—7-57, but this order does not appear to have been entered a:
it? upon the Order Book. There is a report of sale attached to the 5?
5;, advertisement, appraisement and order showing that Cora Turner ﬂ;
-”i‘.gﬁﬁiif’ﬂ°r:é*839?¥;)‘Q;§;.TEEF'Inigj’?*€sti?;ifi-yﬁ;iﬁ;; 7 i;'7r*?ﬂﬁrttrii“e7-f~%33¥*:I;Taats5I3

 . /.; ‘ , 7 2L
became the purchaser at the price of $1275.005 debtJ interest and
costs. ﬂach of these papers are attached to a copy of the judg-

‘ went, on the hack of which appears Henry Turner ss. Comrs. Report .
A. E. Turner, et a1." and which is endorsed "Filed in Open Court i
this 7 day of May, 1357, C. m. Ebekine, 0330 by F. G. Jones, B. C.".‘
l - Thereafter, and on May 11, 1937, a deed was executed by G. C.
hetcslf, Master Commissioner, to Core Turner, which deed appears
to have been executed in open court by the Commissioner, and to
have been acknowledged by the Commissioner, examined and approved ,
~ in Open court on May 11, by H. Clay Kauffman, Judgej and was on
that day certified by the clerk of the Harlan Circuit Court. The
*1 deed was lodged for record and recorded on November 159 1957. b
After the execution and approval of the deed before Judge Keuffman, 3;
, and before its recordaticn, pen crosses were run through a portion '?
1%; of-the deed, attempting to eliminate therefrom the Fourth tract h'
g:d therein described, being 5 lots in the Kelly Addition to the town, ﬁ
:. of Evarts. The record establishes the fact that this alteration »1
‘i" was made by A. L. Turner. , .
w- There is a further copy of the advertisement of sale of ,
'; this property in the recurd, not endorsed filed, to which is r
attached a check dated April 5, 19:57, payable [to the order of
d . G. C. ﬁetcelf drawn on the Bank of Harlan for the sum of $1265.00, {I
‘I signed by John A. Turner, for "Sale of A. L. Turner v. Henry ;
Turner”, and paid by the bank on April 6, 1957. Q
' Thereafter, and by deed hearing date May 11, 1937, the '
_" Master Commissioner attempted to execute a further deed to these 3
;h' same properties which has theretofore been conveyed to Cora Turner,:o
j- ‘ to J. A. Turner, and while on the face of the deed it appears that If
'h ‘ it was executed by the Commissioner on May 11, 1957, it appears it
‘ 4 h

  1-2';ﬂ'” h-¥ ,0 ‘0-g?;5‘_ f . ' iﬁﬂfﬁ >;;lg,;,ijg ~‘.,;:ﬂ03 4;g;050#> WA)
1’ ' ~ 13 Judge Silbertis handwriting thai it mag acknmwlaigﬁd by the ‘3“
{f Commissioneyg examined and aprOVGﬁ in span saurt, ﬁovember 25, 0-
: 1337. £36 Circuit Caxwt élcrk‘s certificate is somgletely filled
5: cut on the tygewviﬁeré except a3 ts his signature, and his cer- 1;:
i tificate bears ﬁate may 11, 1957. This deed was ladgad for record Fiﬁ
a; ' on ﬁe?ember 23, 1957, racerded on ﬁovamber 24, 195?) and pen .1
‘y‘ liﬂ§ﬁ ﬁﬁﬁ run thraugh the description 0f the same lots as in the ,é
;[‘ Cora Turner deed. The Naater Commissioner says that one of the f5
‘ul attarneys for J. a. Turner presented him with an GPdC? signed by #5}
f; Judge Gilbert ﬁirectin; this deed to be axeeuteda hut there is no :0;
10 such order upon thﬂ Order ﬂock of tbs Court, nor Goes the 33_
i? Commissioner file the capy 0f the arder relative to the deed 1;;
1‘ which ha says was furnishad him by ﬁne cf the attorneys, nor does ﬁg:
3é‘ such attorney file aven an office or file cepy ef Such purported if:
g: oyder. ”if
0 3*:
{i A significant fact pertaining t0 these two deeds is that L1;
0: in tha deeﬂ where Cora Turner is namﬁd as grantee the purchase :;é
ﬁg: grice cf tbs property is set out at $1265.45, which is the same if?
:; amount anﬁ ﬁhﬂ total amaunt of tne debt, interest and costs as 5:?
ﬂ; shown by the Commissioner's calculations, attached to the 9?:
i} _ Commissioner's Baport herain before referred t0, while in the ii:
5? J. A. Turner deed tha purchase price is set out at $1200.00. ﬁg?
J7 Before the judgment was rendered in the Henry Turner ‘13
:4 case, a portion of the lands which had been conveyed by A. L. :;:
?;' Turner to Cora Turner was sold to E. A. Jackson and Clarence Smith,;fﬁ
by deed dated July 8, 1936, recorded in deed book '76, page 458, a
iéi small cash paynwnt being made, and tha balance evidenced by note ii:
is for $7400.00. Later, it was agreed to rescind this trade, the ’5;
’ 5

 5 ‘ V _ _, f. ~. .V ..v T} H lil-
purchasers to lose their cash payment, and to reconvey the f
proporty, the purchase money note being surrendered. Accordingly, i
on December 29, 1956, Jackson and wife and Smith and wife, ex-
ecuted a deed conveying this property, which.deod is in the record. 1.
. The dead recited “The parties of lst is owing second party $?é00 I
' V and he turns to lot part". It is claimed by Cora Turner that
' this deed was to have been executed? and was executed, to her as V
grantee. That the note was payable to her, and that she let her
, husband hove the note for the purpose of surrendering the note
2 upon such execution of the deed. The name of tho grantee in the ,
; deed has been changed; the name most apparent now on tho dead is “
.i‘ “John olden” Turner, but it is readily apparent that the name 3
‘y "JOhn Alden" has been written into the deed with a different pen .
ii and with a different color of ink, while the name "Turner" is .
- written with the some ink and with the same pen that was used in 5
" writing the body of the deed. It appears to the court that the L
' name "John Alden” had been purposely and intentionally written f
» over a further and other name originally in the body of the deed 'i
' ~ of the grantee therein, and that such words have been so written - g
V as to cover up, obliterate, and eliminate the name of Cora Turner hi
as the actual grantee. In sdﬁition to tho appearance of the ~{
i paper itself, this is given further weight by the quoted portion .'
VI of the consideration supra, since it is nouhere claimed that 'f
5”; Jackson and Smith ever purchased any property from thn Alden 5
:55 Turner or executed any note of $7400.00 to him. i
f: There is a mass of testimony in the record, and all '?i
i material matters are controverted by pleading, and by proﬂf, and -:
2?, there is‘a sharp conflict in the testimony upon all material 3Q
1_ questions. It was stated in argument that the contradictory ‘1
' ' a ,

 It: , nature of the testimony, the lack 01 probability bf truth of much
I‘ V a; each 0f its the impeachment 9f the éivere witneeees, and the ..
St‘ imyeaehment 01 many a: the impeuching witneseee, all is a re~ "
l: perenesion of the Londen Later triale in the United ttates District  
.   ' Ce;;-.‘-t. . ‘
.1 IE addition t0 the mate of testimeny hereinp extended f
t , and elaterate briefs have been filed for the contesting parties, E
,1: end much bitterness and feeling have been developed and engender» \°
e& by the came. 2
The Geurt nus given much time and theughta both in the §;9
,,, l at; time ani the nigtt time, even awakening in the middle of the it
e. ﬂiéht, thinking of tale case and endeavorihg to reconcile the I}
l" testimony in the case and to arrive at a proper decision of the a;
Vﬁf issues herein. The recerd is such that it is difficult to give _if
.Ely credence to any of the testimony of the claimants herein, or g;
{1? ether material witnesses; howeverg there is one outstanding p?
:fﬁ pertlen 3f the record which in the View 0f the ceurt is entitled 1:
' ii‘ to decisive weight, and that ie the deed of conveyance which was gt
if executed before Jadge Kauffman by the Master Commiseiener of the t,
a}. Court conveying the property to Cora Turner. This deed was :2
iii executed in due and orderly procedure, and in due and orderly V ii
if: time after the sale, and for that reason speaks more strongly g}
1:3 the truth than any other phase of this record. if
It is true that thia deed is attacked in the record, and K7:
‘4: that it is alleged that the deed has been altered and changed, ?5
1??? BUT the name Cora Turner appears on the deed FIVE different {i
if; places, each written by the same typewriter and at the same time a?
'7 ‘

 as the bedy 0f the deeﬁ; there is ac erasure anywhere, no break-
5 in the fiber of the page? anywhere? no thinness af the payer
: anywhere, where the name of Core Earner so appears, an& the .-
; Caurt finds as a fact that there has been no alteraticu or change
in the body or the deed. The Easter Commissioner admits the "
», genuineness of hb signature to the deedg and the signature of
- Judge Kauffmen thereon is not questioned.
Such being the views of the court, it followe that
'. judgment sheuld be entered herein adjudging Gare Turner to be '
(”I the ewner of the property at issue herein. '1
"l @he Court recalls that attack is made upoa the deed to
V“ Cora Turner upon the further ground that there is me arder filing JV
. or agproving the ﬁnmmissioner’s Report of sale and the deed
executed before Judge Kauffman. If such eonﬁitian of the record- I
~ existss then proper nunc pro tune ordera may be entered relative
-;' ‘ thereto. l I
f» The Clerk of this Court is directeé t0 imyaund the two i I:
_ deeés executed by the Master Commiasioner, the Commissioner's
_3 Report of sale and other papers attached thereto, the Jackson‘ i3
* _ Smith deed, and the other papers herein delivered to the Clerk l
L; unﬂer seal; and in the event of an appeal being taken to the _
V 1 Court of Appeals, that such impounded papers be sent as impounded i
71 to the Clerk ef the Court of Appeals. ' “1
i It is further ordered and directed that this opinion be ~
, made a part of the record of this cause. w

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