xt70zp3vt865_223 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. Harris, John Q., administrator of the estate of William J. Reynolds, deceased, v. Reynolds, Rhoda et al text Harris, John Q., administrator of the estate of William J. Reynolds, deceased, v. Reynolds, Rhoda et al 2016 https://exploreuk.uky.edu/dips/xt70zp3vt865/data/63m46/Box_22/Folder_11/0240.pdf 1896-1912 1912 1896-1912 section false xt70zp3vt865_223 xt70zp3vt865 ‘ ' > _.
i g g \ i
John Q. Harris, Admina
5.111105%:5 C“? 133w 0. {£551,152 3"
William 3. Reynolda, daceased, Plaintiff.
~ {MM fine it -~ 'iraifvtr 473:3: ’- “30 r“ .
Rhea? figynolds, etc., Befendante.
The iefwnfifinis: 7. 1‘ fiivwkmvs, Cnmilius Stefihens
and Claybcrna Stvphewu, f0? response to the antic? h9rein
filed to refiackefi five abuvm outitlad ??PF9 aay that
neifiher of them w??? partiea éefonfianfi to waif ggifivn -
and the defendant Claybornn Stephena i$ not tbs claimant
or in poafiessicb of sfly 9f fihe 1amd meptiomcd n96 69$??ibed
in amid netice.
€he said Eefand his Q?y ih“t if 1E untrue nnfl they
deny fihfit the juflgmfint repdéred herwin an Vehruavy Beth,
189?, recvrfied in orfier bank 30. 11 bwga 28 to $1; or am;
part theraof, is errvneoua or wan Prrnnaounly entered
bnfore the guardian or anyone for the defendants had an»
awered for them, or fur yny nthev reagen. They ieny that
the?e was any Valid defenwa to said action, a? in the claims
presente& and allowed against the estate of William J. “eye ..
I nolda, or to the sale 0f fine Eand or any part thereof,
' They deny that the said defendants in said suit for the
settlemenfi of the estate cf William J. Reynolda knew moth»
ing of the entry of the judgment or of the facts of the
case and deny that they were not capable of finding out
What the facts were and of presenting them in 331d actinn.
For further reapcnse and defense herein the defendanta

 x E
say that the respondent E. G. Stephens is the owner, has
the legal title to and in the actual possession of the
> following described tracts or parcels of land:~

A certain tract or parcel of land lying on the right .
hand fork of Bull creek in Floyd county, Kentucky, lying
Just above the forks of said creek, bounded on the creek
above by the lands of Sydney Mayo; on the east by the
lands of M. G. Stephens and on the north by the lands of
John Lee White and the west by the lands of A. J. Moore's
heirs and Sally Stone, and being the some land conveyed to
John M. Halbert by J. D. Mayo. master commissioner of the
Floyd Circuit Court in the suit of John Q. Harrie, admin—
istrator of the estate of William J. Beynolde, deceased;
against his heirs and creditors, to which reference is now
made for a better and more perfect description of said lafid

The defendants any that the defendant, H. G. Stephens.
became the owner of acid land under and by virtue of a deed
of conveyance made to him on the 20th day of December, 1897
by John M. fialbert and Mary J. Halbert. hie wife.‘hhioh
deed is recorded in deed book no. 34 page 142, Floyd County
court. That said John M. Halbert became the owner ofeaid
land by virtue of a deed of conveyance made to him by
John D. hayo,maeter commissioner of the Floyd Circuit Short
on the ~_* day of lSQQ", which said deed
wee duly recorded in deed book ~_~ page Floyd County
Court. That in an action late pending in the Floyd Ciro
Court styled John Q. Harrie. administrator of the estate of
William J. Reynolds, deceased, against Flora Reynolds,
William J. Reynolds, fixegrfiheda Reynolds and David Allen.
their Statutory guardian, and against John a. Halbert and _
John G. Johns. which we: filed in said court on the 10th

 day of December, 1896, which woe a suit for the settlement
V of the estate of said William 36 Reynaldo. That on said
day summons was duly issued by the clerk of the Floyd Cirw
cuit Court and was addressed to and placed in the hands
of the sheriff of Floyd County Kentucky. who thereafter
executed the same upon the said defendant; Flore Reynolds
Rhoda Beynolde and William J. Reynolds, Jr,. and David
Allen, their guardian, and John a; Helbert and John 6.
Johns. That thereafter on the 22nd day of December, 1896,
John m. Halbert presented and filed his answer, counter
claim and arose petition in said ease, making hie said an-
swer and counter claim a cross petition against Flore
Reynolds. William Reynolds Jr. Rhoda Reynaldo and David
ellen, their guardian, and Reheoea Geyheert, Susan heGuire,
Samuel meduire, Alice goers, Joedd Turner, Bell Wallen,
Banks wellen,David Geyheert and Elza Geyheert. That each
oi said defendants were duty summoned to answer said arose
petition, and thereafter on the *Wu day of e.-w.m_*e... an
order of reference wee made by the clerk of the Floyd Cir-
cuit Court in vacation, referring this case to the master
eommiaeioner to eddit and settle the accounts and claims
against the estate of eeid William J. Reynolds before when
the eeid claim of said John M. Halbert was presented.
That said claim of John M. Halbert against the estate of
William J. Reynolds wee evidenced by note bearing date
August 14th. 1896, which was signed and delivered by the
said William J. Reynolds to the said John m. Halbert, in
which and by which the said William J. Reynolds promised
and agreed to pay the said John M: Helbert the sum of
$928.65 with 6% interest thereon from maturity until pazd.
That said note was not paid at maturity and was presented
.3. v

 at maturity and was protested for non~poymont by Goorge P.
Archer, a Eotary Public within and for Floyd County, Ken-
tucky, on the 17th day of December,1§§6. That in order
to socure 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 3 '
deed of mortgage in which and by which he the said William
V J. Reynolds cold and conveyed unto the said John M. Halbefi}

that certain tract or parcel of land thoroln described
and the some heroinhefore described. That thereafter tn
master commissioner of the Floyd Circuit Court made and .
filed his report to the said court in which he allowed
to the claimant, John m. Halbort, the amount of said note
and interest and protest toes thereon, which oaid report
by order of coid court woo approved and confirmed, and on
another day. to-wit: 20th day of Fobruazy, 1897, the said
suit of John Q. Harris, administrator of W. J. Reynolds.
deceased, etc. against Flora Reynolds, etc.. was submitted
for trial and Judgment rendered therein, and among other
things it was adjudged that at the time of bio death, W11-
11am J. Reynolds Was indebted to the said John M. Halbert
in the sum of oahinote to~wit: $928.65 with interest there»
on from December 14th, 189?, until paid, and further 36— "
judged that the same was a lien upon the tract of land
heroinbefore set out and that the some he sold and the
proceeds arising from said solo be applied in payment of
plaintiff's dobt, interest and cost. The defendant
further says that the master commissioner of the Floyd Cin- .
cult Court by said Judgment was directed to expose said

. land to aale, and that in pursuance of said judgment the


 ~ said commiaaionor; an the 4th day of April, 18§7, after
having advertised the time, terms and place of sale of
said land in the manna? praacribed by law, and affier having
the same appraiaad by two dieuinterestefi eifiizens and house»
keepera cf filoyé County net related t0 any Ofthfi parfiiea
to said action, wha in wrifiing appraieed the same, which .
Said appraiaement was returned with the report of saia and
at saié sale 3. A. ngkina became the purchaser of the '
tract cf land so aesaribed 1n the martgaga at the price af
3 ,o and thereafter by his written assign~
L mant. 801d, asaigned ané transferred tha benefit of his
bid fio John fl. Halbert, and that upon saié report of sale
being made ta and filed in the Floyd Circuit Court, an&
after laying over for exeeptions and nana havifig been
filafi theretothe saifl report anfi sale was approved and
confirmed Ey order of the Floyd Circuit Court duly mafia
and entered gf record thevein. That thereafter by orfiar
’ ef said court duiy made and entereé of racord therein.
John D. Mayo wag appointe& thiscaurt's commissioner to make
canveyance cfsaid land to the defendant. Jahn K. Halbert.
which said commissianer thereafter appaared in court and
preaented deed duly executed by him to said John E. Ha1~
bert for said land, a3 commiaeioner aforesaid, which Bald '.
deed was examined and approvad by the caurt in open court I
I and was 80 endoraefi by the Circuit Judge in open court
and was orfiered to be certified by the alerk of the Floyd
Circuit Court to theolerk 0f the filoyd County Court for
record, anfl wag so certified and recorded in deed hcok 1
page “_“~ Eloyd Couniyflgurt. and thereafter towwit .
on the Both day of Deceflber, 1897, John m. flalbert con-
veyed the said tract of hand to the defendant, M. G.

 . Btephene, who in new the owner of seii land, and that he;
ans those unaer whom they claimsnhsve been in the actual,
adverse and continuous possession of said land and every
part thereof for more then fifteen years neat before the
eommencement of p1aintif?s' suite
I The defendants H‘ G. Stephens, says that he is the
owner of another.portion of said lshfi,.%hieh is bounded
and desoribed as followezw y
Situated on Bull creek in filoyd County, Kentucky, and 3
bounded and described as follows, being let fie. e in the
commissioner's division of land in this action‘
Bfifiiflfilfie on a hillside at a corner of lot so, 5: .
thence 3'5 W 48 poles to a beech and eucaflbor: thence
«m~m‘fl e poles to the line of a son sore survey; thence
with the lines of said survey to Lot Eat 3; themes with
said line to the line of land laii off as widow’s thirds
she with the same to the top of the point: thence to the
That he purchased said land at the commissioner's gale
hereinhefore referred to at the price of 3“ ”J which
said sale was reported by the master commissioner of the
Floyd Circuit Court, ens thereafter was by order of said
court approved and confirmed. That he exaouted bond
for the amount bid by him, and sftemtmrés by order of ' '
said court he was directed to psy saié bone and aid pay
it, end the master commissioner of the filoyfl Cireuit Court
F. K. fierrel was by order of said court cireoted to come
say to the defendant H. G. Stephens the legal title to
said land, who in pursuance to said judgment on the 14th '
day of November, 19C7, conveyed the same to the defend-
ant E. G, Stephens, which said deed was examined aha sp~

 * prayed by the judge of the Floyd Circuit Smart and an en~

V dersod by theCLreuifi Judge in egen court; the same having
been previously signed, askflowlfldgad and delivered by 3.3.
Morrel. master aommimfiionar of the filoyd Circuit Court,
and the same nae endured to he eertified by the clerk of
the Floyd Circuit flourt to the clerk of the filoyd Bounty
Court and by him admitted to record; that the game man 30
certified and duly admitted to renord in the affine of the
clerk a? the Fleyd County flourt in lead book “a; page_§g&"
agpy whereof will he filed herorith in due time fer trial,
if required.

The defendant, 1. G, Stephens, says that he is the '
owner of one other email portion er the land purchased by
Jenn G. Jenna at aeid commissioner's sale. which amid
land was conveyed by saifi Jane S. Jehne te the defendant
by deed heiring date the 24 day of August, 1899, and rs~
:erded in deed beet ”K" page 239, and previous thereto
had been conveyed ta eaid John G; Johns; whose answer and
counter claim in thix ease in relation thereto ia new re—
ferred to and the arormente thereof adopted as a part of
this answer and counter claim as fully as if written in
eerie and figures in this answer and eounter claim.

The defendants further seyathat the defendant, Quail»
its Stephens, is the owner, has the legal title to and in

I the netual ;eecession of the following deeeribcd tract or
parcel of lend, situated in Floyd county, Kentucky, and
hounded as follows;

EEGIERING at an elm tree about 150 yards above the '
heath of the Kate hollow on the left hand side of the creek
as you go up, and running a straight line up the hill to
the tcp of the yoint; thence running with the center of 1


 _ the paint to the top of the hill; thence running with the
top of the ridge up the creek around the Stillheuse halo
law. so as to include all the land lying in said hollow
and running down the point to a white oek near the foot of
the hill above the mouth of said hollow; thence s straight
line from the said ask to the lower earner of Rebecca
Gesrhssrtie barn let; thence withthe let fence to a stake 5
near the foot of the hill; thence up the creek with said
fence to a black walnut near the branch; thence running
with the fence so as to include said fence, up the point
to the top of the ridge; themes with the top of the ridge
deem the creek eppfieite the beginning; thence a straight ,
line down the hill with the center of the point to a
white oak near the cleared lend; thence a straight line to
the beginning.
They say that Camillus Stephens purchased this land
from s. J. Mayo, by deed hearing date the 2nd day cf Kane
nary. 1912, duly recorded in the office of the clerk of
the Floyd County Court in deed book he. 34 at page 143.
That said 5. 3. Hays scwuired the same by purchase from
John Sturgill by deed hearing date the “M_ day of *uw&*awu_
. 159ml“ and recorded in deed book ”X” page e89. That John
J. aturgill acquired the said lend by purchase from W11»
lieu J. Reynolds in his lifetime who cenveyed the same 5'
to said J. J. fiturgill by deed hearing date the “M“ day
of wnfiwm_hw 18“” recorded in deed boek “Q" page 515, but
upon learning that said William J. Reynolds did not have
the legal title to said land and that the legal title to .
said lend was in the heirs of Adam Geyheart, the said John 2
J. Sturgill instituted his certain suit in the Floyd Cir»

 . Quit Court aud aboained a cemmisaianer‘s deed to said land
from J. 3. fiayo, mmwhar uommisaioner of the Elayd Circuit
Quart, bauring Gate the “NH day 0: ”MM“. ‘1892,

- which is rwuorded in dead beak ”V“ paga 455.

rhe gala defandanta say that the said 3. G; atephena
and Camillud fitephens are eauh hona fiae purchasers for ‘
VuLué of ans tracts of land hareinbafore get cut, and tha
the plaintirfe, Flora Dingua, late Fiora Reynolds, was
barn Gutober Sin, 1880, and the plaintiff William Reynolds
wafi barn Qavembgr 18th§ 1585, and that the plaimtiff Rhoda
unwell wag born aapieMber 15th; 188?, ané that each of
them had arrived at fihe full age of twanty one years more
than ona year next befure the anmmancemant 0f plaintiff3‘
Suit after aha reneditiun of aaid judgment; and were aach
cvar fine age of iwwnty four years at the time of the com-
mencwaeut of plaintiffa’ nuifl, and they and each of them
ara barred of any Eight of action in vacate Gr modify fiflid
Judgmaflt, an& that no apyeai has ever been fiaken from the
:szimé, and that they are ea'bopped to complaim of 2232116. jug}? ,
want or to have the same vacated, set aaide er held for

535333053 having fully rafiponded the defendants pray
that said notice and proceeding thereundew be dismiaaad
mad that they recover of the aaid Rhoda Iteynolda, William
J. Reynolds and Elura fieynolda all their casts in this
behalf axpended.

M. G. Steyhana
Claibarne Btephens
Gamillus atephena,

 §VTLT?? Gfi‘liiffitrflfy.
:.‘Vns'm €121.1'Erf17‘35- f 531-11. .

The affianfig K. G. Stephena,and Camillus Steyhena,
says the statements 9f the foragoing response to notice
are true.


Subscribed aha LWQIL tn befnre as by L. G. fitsynene
ani flamillus itaphena, 1L9 day of harsh, lglz.