xt70zp3vt865_236 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. Howard, John J. and Sarah v. Woodford Coal Company Inc. and Howard, N.P text Howard, John J. and Sarah v. Woodford Coal Company Inc. and Howard, N.P 2016 https://exploreuk.uky.edu/dips/xt70zp3vt865/data/63m46/Box_22/Folder_24/0635.pdf 1916 1916 1916 section false xt70zp3vt865_236 xt70zp3vt865 / ' - , I
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MAGOFFIN CIRCUIT COURT . E
JOHN J. HOWARD AND I
SARAH HOWARD, PLAINTIFFS. ,
-Against- // PETITION IN EQUITY. E
WOODFORD COAL COMPANY, INC., 5
. AND N. P. HOWARD, DEFENDANTS. i
The plaintiffs, John J? Howard and Sarah Howard, say %
that they are citizens and residents of Magoffin County, g
Kentucky. I
That the defendant, Woodford Coal Company, is a cor-. 5
~ poration, organized, created and existing under and by E
vinnc of the laws of the State of Kentucky, with power i
among other things to sue and be sued, contract and be a
contract and to plead and be impleaded in its corporate %
name aforesaid, Woodford Coal Company. That the defen~ t
dent, N. P. Howard is a citizen and resident of Nagoffin ;
County, Kentucky, and is the duly appointed, authorized :
and acting agent of the defendant, Woodford Coal Company. \ 5
. That heretofore on the 23rd day of February, 1916, ; ,
the said defendant, WOOdford Coal Company, by and through I
3 its duly authorized and acting agent, N. P. Howard, appli- 3
.3 . ed to the plaintiffs herein for contract of sale of the if
, mineral in, on and under the lands hereinafter deecnibed;
and that on the 23rd day of February, 1916, the plainflffs ,
. herein entered into a contract in writing with the dev
V fendant, Woodford Coal Company, Whereby and wherein for ’
H and in consideration of thesum of $1500,00, stated to be I
'- AHORNSZRXLZSéEENZLfi’SES n m '
PRESTONSBDRG, KY.

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cash in hand paid and the receipt of which was aCKDOW‘

Per acre
lodged as the first payment on the sum of $7,50,Athc
plaintiffs herein agreed to sell and did sell and agreed
to convey to the Woodfcrd Coal Company all the coal, min»
erals and mineral products, all salt minerals and salt
wotcr; firs and potters clay; all iron and iron ore; all
stone and such of the standing timber 12 inches & down in
diameter, as may be, or by the “Grantee" be deemed nec-
essary for mining purposes, and including timber necessary
for railroads, or branches lines thereof that may hereaf-
terbe constructed upon the said lands, and the exclusive
rights of way for any and all railroads and ways and pipe
lines that may hereafter be located on said property by
the "Grantee," its successors or assigns, or by any per—
son or corporation underauthority of said "Grantee," or
assigns, in, of, under, concerning or appurtenant to the V
hereinafter described tract of land, together with the
right to enter upon said lands, use and operate the
same and surface thereof and make use of and for this
purpose divert water courses thereon in any and every '
manner that may be deemece necessary or convenient for
mining, and therefrom removing or otherwise utilizing the
products of said minerals , and for the transportation
therefrom of said articles, and the right to use of such
as well for removal of the products taken out of any other
land owned or hereafter acquired by the "Grantee,“ and
the right to erect upon the said land, maintain, use
and at pleasure renove thereform all such buildings and
stuructures as may be naggisifiyngr convenient to the ex‘

ATTORNEYS AND COUNSELLORS AT LAW
PRESTONSEURG. KY.

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ercise and enjoyment of the rights and privileges herein

and in the use of said land and surface thereof by the
"Grantee," it, its successors and assigns shall be free

from and is hereby released from liability or claim of

damage to the said "Grantor," personal representatives,

heirs and assigns.

Free access to, upon andover the said land is hereby
conferred upon the Grantee for the purpose of surveying
and prospecting the aforesaid propert; and interest, but
there is reservedin this agreement and to be reserved
also in the deed made pursuant hereto, to the Grantor,
all the timber upon the said land, except that necessary
for mining and the purposes hereinbefore mentioned and
the free use of land for agricultural purposes, so far as
such use is consistent with the rights hereby sold and the
right to mine and use coal for his owns household and do*
mastic purposes, in, on and under the following described
tract or parcel of land, situated in Magoffin County, Ken-

_ tucky, on the waters of Licking River, Long Fork & Allum
Cave fork of Howard Fork; and bounded on

North by lands of Tilden Howard; on

East by lands of Tilden Howard, Abe & Allen & Howard;

On South by Gardner & Willimn Bailey;

Cn the Westby Sam Bailey, being same lands bought from
Sam Baily (John Ously Patent of 400 acres) & from John E.
Howard in Brice Shepherd patent, also one undivided onea
half interest in 503.9 acres in name of Martha Allen &
John J. Howard on Alum Cave, and bounded on north by Abe
Wireman, heirs land;Aonm;§§:§§£%£;ATMW East by Sam Howard;

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on south by Floyd county & on west by John J. Howard home
farm, being Sam Ousley patent.

Containing in both tracts 1500 acres, more or
less. 0

The plaintiffs further say that although the cash
consideration in said contract was $1500.00, is recited
to be in hand paid and the receipt thereof was acknow-
ledged, that the saidacknowledgment of receiot of the
payment thereof is false and untrue, and arises from the
mutual mistake on the part of the plaintifs and from fraud
on thepart of the defendants herein; that said cash con«
sideration of $1500.00 was represented by a draft in words
and figures as follows:
$1500.00. Febyg 23rd, 1916,

Samuel S. Yantis, Lexington, Ky. pay to the order
of John J. Howard, Fifteen hundred and no/lOO dollars.
value received and charge the saw to account of
mo Woodford Coal company, Lexington, Ky.

‘ N. P. Howard."

The plaintiffs further say that at the time of the
execution of said draft and the delivery of the same to
them by said deft, N. P. Howard, he the said N. P. Howard
represented to the plaintiffs herein that said draft would
be paid by said Woodford Coal Company at Lexington, Ky:
upon presentation thereof; that thereafter the plaintiff,
John J, Howard, deposited said draft in The Bank Josephine,
at Prestonsburg, Ky., for collection; and that the said
draft was thereafter duly presented for payment to the
said defendant, Woodford Coal company at Lexington, Ky.,
and payment thereof was then and there demanded and re«
fused; and that thereafgagmsfiggmggaft was duly and legally

ATTORNEYS AND COUNSELLORS AT LAW
Pnasronsnunc. KY.

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pretested for nan payment before E. C. Speears, a Notary
Public in and far Fayette County, Kentucky, duly commis~
sinned, qualified and acting in that behalf at a n expense
to this plaintiff of the sum of $2.54, which said amount '
by operation of law said defendant, WQodferd Coal Company
and I. P. Howard has promised and agreed to pay these
plaintiffs, but have failed and refusedto do so, and the
same is now, just past due and wholly unpaid and these
plaintiffs are entitled to recover interest thereon from
the 2nd day of March, 1916, until paid; and is further
entitled to recover interest on the sum of $1500.00
from the 2nd dam of March, 1916, until paid,
The gluintiffe further say that said indebtedness
of $1500.00 is just past due and unpaid. and that no
part of the same has been paid.
Copy of said contract is here with filed, referred to
and made a part hereof and the original of the said draft
will be filed herein in due time for trial.
WHEREFORE plaintiffs pray judgment against the de-
\ fendente,.Woodfcrd Coal Company and N. P. Howard, for the '
sum of $1500.00 with six percent interest thereon from
the 2nd day of March, 1916, until paid; for the further
sum of $2.54, with six percent int. thereon from the 2nd
day of March, 1916, until paid; pray judgment for costs
and for all general and special relief,
JOHN J. HOWARD ETC., /
BY@W%W@\
Attorneys.
HARKINS AND HARKINS
ATTORNEYS AND COUNSELLORS AT LAW
PRESTONSBURG. KY.

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STATE OE KENTUCKY,
M «r ' ""nw " 2W1“ v' / can
«Au-JP; Human .1 1. . u .L . , 7

The plaintiff, Jchn J. Howard, says that he believes
the stafiements containedin the above and foregoing petitian
in equity are true.

mun-w 'nfif " SI 3 J. 'I'u«rm
Sworn t 0 best“ are me by J Ohn .'I . Howard. thi s , day
.. . .- f
of .:.-;arch, 1910.
HARKINS AND HARKINS
Anonszs AND COUNSELLORS Ar LAW
PRESTONSBURG, KY.

 l MAGOFFIN CIRCUIT COURT .1 ¥
m
.3”. John J. Howard, 123th
m‘vTSa
Woodfarcl Coal Company, 12‘:th
PETIT IUN‘ INQEQUITY 1
: 1iledMarch 19316, at
‘ " '1' o‘clock M. , with btate Tex 1’ -
'6‘ ‘- ' Sumons & 1 copy to Megoffin,
“ '7 ; summons & 1 copy to Fayette
\1 n . ~ =' .M‘r-I-“w‘
“‘ 5 -~ ‘" . Ci“‘é"5~“‘1c,"magof‘i’ln 011‘» Ct»
HARKINS AN}; HARKINS
.\'T‘T()IINEYS AND (TOT'NSELLO:RS All‘ ].A\\‘ I
> I’REH'I'ONSUITliG, IVY.
I ,

 .im. _
. 7 7W “H7 _mefi_*——~WHmn¥~w—Ifi__mwh ‘_‘“'_”l‘*——I*—~"—~Av-——~—nm W "2.“
.
KNOW ALL MEN BY THESE PRESENTS: That an action has been i
j commenced and is pending in the Magoffin Circuit Court where— ‘1
in John J. Howard and Sarah Howard are plaintiffs, and the r‘
l Woodford Coal Company2 Incorporated, and H, P” Howard.g are
i; defendants, affecting all the right, title, interest in, or %
-3 claim of the Wocdford Coal company and N. P. Howard in and %
£3 to the coal, oil, end mineral products, all salt minerals 3
i and salt water, fire and pottsrs clay, all iron and iron l
E ore; all stone and such of the standing timber 12 inches y
,3 & down in diameter as may be, or by the "Grantee“ be deem- %
3 ed necessary for mining purposes and including timber nec— :-
“ essary for railroads, or branch lines thereof, that may i'
? hereafter be constructed upon the said lands, and the ex“
;g elusive rights of way for any and all railroads and ways and
j pipe lines that may hereafter be located on said property f
:% by the “Grantee," its successors or assigns, or by any perm E}
1 son or corporation under aufllority of said "Grantee," or
1
% assigns in, of, under, concerning or appurtenant to the .
5% hereinafter described tract of land, together with the right
i
fl to enter upon said lands, use and operate the same and sure
u
fi face thereof and make use of and for this purpose divert {a
J water courses thereon in any and every manner that may be
deemednecessary or convenient for mining and therefrom rem
L moving or otherwise utilizing the products of said minerals,
; and for the transportation therefrom of said articles, and
Q the right to use of such, as well for removal of the products
f taken out of any other land owned or hereafter acquired by ,
i the “Grantee," and the right to erect upon the said land,
I‘ HARKINS AND HARKINS
:1" ATTORNEYS AND COUNSELLORS AT LAW
, PRESTONSBURG‘ KY.
:Tm\r ‘ » ‘ ___—__——_‘**_gE—‘L

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maintain, use and at pleasure remove therefrom, all such
buildings and structures as may be necessary or conveni ent
to the exercise and enjoyment of the rights and privileges
herein and in the use of said land and surface thereof by
the "Grantee,“ it; its successors and assigns shall be free
from and is hereby released from liability or claim of
damage to the said "Grantorr," personal representatives,
heirs and assigns.

' Free access to, upon and over the said land is here‘
by conferred upon the “Grantee" for the purpose of survey»
ing and prospecting the aforesaid property and interest,
but there is reservedin this agreement and to be reserved
also in the deed made pursuant hereto, to the "Grantor"
all the timber upon the said land, except that necessary
for mining and the purposes hereinbefore mentioned and
the free use of land for agricultural purposes, so far as
such use is consittent with the rights hereby sold and
the right to mine and use coal for his own household and
domestic purposes, in,on,and under the following described
tract or parcel of land, situated in Magoffin county,
Kentucky, and bounded and described asfollows;-

On the waters of Licking River, Long fork & Allum
Cave fork of Howard Fork &c,, & bounded on north by
lands Tilden Howard; on East by lands of Tilden Howard;
Abe & Allen & Howard; on the south by Garnder & William
Bailey; on the West by Sam Bailey, being smne lands
bought from Sam Bailey (John Oney patent of 400 acres)
& from John E. Howard in Brice Shepherd patent; also
one undivided one—half interest in 503.9 acres in name of
HARKINS AND HARKINS
» ATTORNEYS AND COUNSELLORS AT LAW
PRESTONSBURG. KY.

 Martha Allen & John J. Howard, on AllumCove and bounded
on north by Abe wireman heira land; on East by Sam How»
ard; on South by Floyd county & on wast by John J, How—
ard home farm, being same Dney patent.
Containing in both tracts 1500 acres, more or
1935.
JOHN J . HOWARD, ETC . ,
23‘: // a”
3, ‘2 l ’
, 3.‘
' ATTORNEYS . ‘\
HARKINS AND HARKINS
ATTORNEYS AND COUNSELLORS Ar LAW
PRESTONSBURG, KY.

 i .
._. lumeomw comm COURT .
John J. Howard, Etc“ , I
"V S“
woodford Coal Company, Etc . 'f
\ T ~ . .,...V .,,. m . ,. W (“NM .. w
‘ LID PELNDMm :JOEILn. \ \'~
‘ _ Filed for record March ,
~ 916, at o'clock M; a:
‘ ecorded in Lis Pendens Boo}:
‘ 7 Rage .
' ' ‘ .1]
as
‘ m—w un-«rv-rwwr mammal ‘ x,
Clerk Magaffin Co . Court
HARKINS x929. IIARKINS '. '
.\'I"l‘01{NEX'S AND (TOI'NSELLORS AT LA“
'5‘. I’NEHTOXSBIYRG, IKY.