xt70zp3vt865_265 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. Mayer, Levi and Frank v. Hatcher, James text Mayer, Levi and Frank v. Hatcher, James 2016 https://exploreuk.uky.edu/dips/xt70zp3vt865/data/63m46/Box_24/Folder_18/4754.pdf 1890-1902 1902 1890-1902 section false xt70zp3vt865_265 xt70zp3vt865 LAW OFFICES -

ALFRED SELLIGMAN.

KENYON BUILDING.
LOUISVI LLE, KY.
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 UNITED STATES CIRCUIT COURT. ,
For the District of Kentucky. Sixth District.
Levi Mayer and Meyer Frank, Plaintiffs.
vs. ' PETITION ORDINARY.
James Butcher, ‘ 1 Defendant.
The plaintiffs, Levi mayer and Meyer Frank, also called Mayer
Frank, state that they are citizens and residents of the City of
Philadelphia and State of Pennsylvania, and that the defendant, James
Butcher, is a citizen of the State of Kentucky and inhabitant of the
1 District of Kentucky.
Plaintiffs further state that each of them is and was at the
times hereinafter mentioned the owner in fee simple of an undivided
' One~sixth (l/h) interest respectively in the real.estate hereinafter
described. Plaintiffs say the value of each of said interests exceeds
I the sum of $3000, exclusive of interests and costs. ,
Said real estate is situated in Pike County, State of Kentucky.
(Here follows description.) _ '
Plaintiffs say that they are entitled to the immediate possession
of said undivided one-sixth (l/h) interest, making in the aggregate
Two—sixths (2/%) of the whole, but that prior to the beginning of
this action and sametime in the spring of 1899, the defendant, James
_Hstcher took possession of said property, though at most he is the
Aowner of an undivided four—sixths (4/t) interest therein and has since
said time and before the bringing of this action claimed and he is
now claiming to be the absolute owner of the whole of the property to F
. the exclusion of these plaintiffs. Plaintiffs say that said land is
wild and uncultivated. Plaintiffs further say that they and the de~
_fendant derived and clahn title through the same common source, to—
, wit, James Harvey Leslie and his wife, Alice Ann. . .
\ wusmross -— Plaintiffs pray that it be adjudged that the plain— ‘
t/r tiff, Levi Mayer is the owner in fee simple and entitled to the im— -

 mediate possession of an undivided one—sixth (1/6) interest therein
and pray tmt it be adjudged that Meyer Frank is the owner in fee
simple and entitled to the immediate possession of an undivided one-
sixth (1/6) interest therein and pray that said defendant} James
. Butcher, be required to deliver to each of them their said respective
interests and pray for costs and all other general and proper relief.
_ 3;
. ~ ‘ .-
- / tiff, Levi Mayer is the owner in fee simple and entitled to the im-— '

 Ul-TI'l‘E‘D SEVERE CIRCUIT CONT-KC,
EAETHHE UTSTRTGT OF‘KfiJTUUXY.

JPAEES IiATCFFER, COEH’LIFUII'ET.
VS.
LEVI MAYER & KEYS? TRAHQ, DEFEEUASTS. .

The Joint and several Answer of the Defendants

LEVI SLAYER and MEYER FRANZ»:
To the Bill of complaint of James finisher. _
~ 0 — o — o — c —

The defendants, Levi mayer and Meyer Trank for joint and
several onewer herein to the Bill of Complaint of James Hatcher,
say as followe:~ ' I, .

1. It is true that on and prior to march 26th, 1890, said
James H. leslie, was the leéal owner in fee simple nno in possessio
of fihe tract of land described in the Bill or Complaint.

I‘ 2. That fihey nor either of them have one ens no knowleage
or information sufficient upon which to form a belief and therefore
deny that on said date said James H. Leslie solo said land to Meyer
schamberg and others, as alleged in gain bill, by said writing,
ano wnion said Leslie signed ano deliverefi to them, and these cefen~
dante oeny meat on Maren 27tn, 1890, or o3 any other time the same
was only or legally losgeo for record or by them in the said office
of the Dike County Court. For want of knOWleage and in”0rma~
- tion sufficient on which to form a belief defendants aeny that
said vendees did agree to pay said Leslie for said land said sum of
six dollars per acre or any sum, or that at the time of ihe a;la¢oo
execution of said contract the vendees under sai; allegea tons for
' title, pain She sum of Five Rumored Dollars or any sum or a;reed to
. gay the balance, as soon as the lanes were surved or Lbe fiLle

examined. .

3. It is; true. .179, 13:13.: sold. by sail prtafze 77:19:." contract smurizcai

 '0 O
2.

.‘ the land described in said bill, but aeny that on Eh? execution
or oelivery of saia prete dad contract the vendees herein be—
come.or were or now are the equitable owners of said lama, ans

‘ oehy that all or any of ihs balance of {he purchase money named
therein, has been paid no said Leslie. ,

4. Defendants say said contract was not ackaoqleogeo or
oelivsreo as deefilsre ans were at said times required to he
acknowledged and recorded as required by Section 500 of the Ksn~
tacky Statutes, which said statute is in words and figures as fol—
lows. nomelyz~~ -

1 Any contract for the sale of lama, or any interest therein,
when acknowledded or proval as deeds are required to be, may be
recoroed in fine County in Which such lsmos are situated, in the
same offices sou books in wsich deeds are recorded, mnc the record
of all such contracts recorosd small, from the time of longing boo
same for recorc, be notice of such contrscts to all persons.

5. It is true that said Auxier and York brcught a suit in the
Circuit Court of xxx Piks-County against said Schamberg and
others, as alleged in the bill and it is trio them said attachment
was issued agednst the property of saic Schamberg and.otoers and
that the 8am? duly cans to the bands of the Sheriff ot'Pike County
but deny that on Julyiflst,1890, or at any other time the same was
duly levied or levied at all on said land.or as the property of
saio oefeufisnts Sonsmberg {no others. BUE cefenaants say ;ast on
June 18th, 1890, a gamersl order of atfiacnment was issued in said
cause against the prOparty of solo oefendants M. Scbambarg, Emil
Pox, Alfred C. Hirsch, and Henry M. Rois, anfl that the same was di—
recteo to and placed in the hsnos of the Sheriff of Pike County,
Kentucky, and thereafter said Sheriff made foturn on sai: attach-
ment as follows, to—wit, ano not othfisrwise, "Executed by celivsr—
ing R. M. Ferrell, Prosiient of foo Bank of Fikeville, Kentucky,

a true copy of bus within, June 18th, 1890. I

W.H.Maynard, S.F.C. by H. Weddington, D. C.

Executes by delivering 10 J. R. Leslie a copy of the within (no .
posting a copy of the some on J. H. Leslie's land. July 21st,1800.
W.H.Maynaro, S.P.C., by H. W=ddington, D. C.

 I. ‘.
5 o

5. It is true that The legal Tiiie to 4/% of fine said Zen;
was conv eyed 1“. 0 Me yer Son am‘o erg; an 4 Henry M. Rei s , ‘0 37‘ said James
H. Leslie and wife, dated Febroary 3rfl, 1891, ani recorded in
Deed BOOK Y, pages 502 to 510, in the County Clerk's Office in .
Pike County, Kentvoky, enu Lost ssio Leslie ani Wife conveyed by
the same instrument aforesaid the legal iitle to the remaining Q/E
of said land to these defendants, Levi Mayer aha Meyer Frank, 4
as alleged in saio bill.

7. It is true that jnubment was rendered in said action in
favor of said plaintiffs, Auxier and York, against said oefenoents,
Meyer schamberg, Emil Fox , Alfred C. Hirsch ans Henry Reis, for
the Sum alleged in the bill. It is true that on February 7th, 1899,
said judgment_sustained said actaonment and ordereo said lens :0 be
sold as the property of said oefenuents,'saio Sonamberg and others,
and inst said sale was made by the commissioner ens that She some

I was reported to said Court and confirmeo but oenies inst it was only
‘ confirmed. It is true abet said commissioner was directed to ‘
convey said land to the complainant Rescuer, ens that he stremptefi
or pretefied to so so and that said oomplaintant was yut in posses—
sion of said land as alleged in the bill and that he has ever since
- continued in possession thereof, buy deny that said complainant
became or is now vested with the equitable titie of said land or
that the same was owned by the said Meyer Sehemberg , Emil
Fox, Alfred C. Hirsch enu Henry M. Reis, or any of them, or at the
date of the levy of seid attachment. Defendants deny Lust sni; Lt—
tachment was levied on said lens or any part tnereof, but admit
that saio complainant became the owner of the legal title to
_ 4/3 :hereof. Defendants say thwt it is true that on Fehvveiy Hrs,
1891, said Leslie ans wife oonveyeu the remaining Syfiof the legal
title to said lane to these defendants by progerly ans Suly ocknow—
lsged deed eaten as of said sets and recoréed in Deed Book Y pages
_ 502 to 510 in anemoffice of the Clerk of Pike Runfiy; County, Ken—
tucky, and that CHE? are now and have been ever since date the '
owners of sain undivieea 2/@ of fine said land in f3? simple. That

 ’0

, _ , o
4.
said deed was duly nno legally recorded on the 9th day of Fetruary,
1891 in the County Clerk's Office of Pike County, Kentucky, one from
and after sail late constituted legal one constructive notice of
its contents and of these defenoants title to all persons whatso~
ever incinoing ihe plaintiff in this action, that at the time or
the sale of said property, in the action aforesaid, sum the pUTCBQS“
thereof by tne plaintiff herein, to—Wit, on the 20th day of Heron,
1899, as alleged in said bill, the plaintiff had actual and con»

, structive notice of the title of these cefenoants to 2/% of the_
land uescrihed in the hill herein and at saic ante these oefencants'
were in the actual, adverse, open, hostile ann peaceful possession
thereof.

8. It is true that on October 5th, 1900 these cefendants
u"ought said action at law in this Court against the Complainant
to recover said 2/% of said land and claiming the same under
said conveyance as alleged in this bill. It is true the said
action is still pending. - -

9. Defendants deny :hat When they took from said Leslie said
conveyance of said legal title, they or either of them has notice,
actual or constructive, that said heslie had sold said 15nd by
executory contract or otherwise to said Meyer Schamberg, Emil Fox,
'lfred C. Hirsch, and Henry M. Reis, or to either of thenn or to
any one else, but say that these defendants vere and are innocent
purchasers for value, Without notice, of the saic contract and con—
veyance and claims of saic‘complninant and of all other persons A
and were one are the innocent purchasers for value, without netice,
of saic action of Auxier & York v. Sohamherg at. al. in the
Pike Circuit Court, Ky. and of attachment and all the proceedings
in connection therewith and fhereunder.

10. Defendants oeny that cemplainant is the equitable
mvner or legal owner of saio P/% of saio land and ceny that he is
entitled to a conveyance of the legal title thereto from these
defendants, or any other person.

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.
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I

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UHITVD STATES CIRCUIT COURT, '?

' EASTER! hISTRlCT 0? KRJTUCKY. 3g

,

JAM-3s moo stun, 002,297,.» own“ .

v. BILL or c:on222‘..m.:\n‘- . 2:?

LEVI MAYER and MQYER ?Rfiflg UEEWKDAfTH. L
TO THfi HONORABLE, THE JUDGES 0? THE CIRCUIT HCURT OF‘THE UNITED

STATES, FOR otn ELSTQRW HISTRTCT OP HEWTUCKY.

,

James watcher, a citizen of Kentucky, who resides in Pikeville .
in ?iks County, Ky., brings this his bill of Complaint against
Levi Mover & Never Torank, both of Whom are citizens of Pennsylvania
and residents of the City of Philadelphia, in said state; snc 1
thereupon your orator complains and says; that on and prior to
Mar. 26” 1890, one James H. jeslie was the legal owner in fee
simple and in possession of the following described tract of lens
situated in 169 County of Pike, State of Kenivcky.

(Description.)

On said data said James 9. Leslie solo said land to Meyer
Schamberg, Emil Fox, Alfred C. Hirsch, one Henry M. Rois, by his
executory contract in Writing of saoi oats, wnicn he signed and
delivered to them one whicn was on Mar. 27" 1890 duly ano legally
loogeo for record by onen2in the office of the Pike County court,
and on attested copy of it is filed as part hereof Markos "A".
gaio vendeos agreed to pay solo Leslie for said land, the sum of
six oollsrs per acre, of union they paid in cash at the time of 15>
execution of said contract, five hundred dollars, and agreed to ‘
pay the bélance as soon as the lands were surveyed and the titles
examined and said Leslie agreed when said purchase money was paid
to convey said lsnfis to them with covenant of general warranty. ‘
The lands solo by saio contract embrace all {no lands above specif—
ically oesoribeo; Saic land he ve been, since one execution of I
saio contract, surveyed and the :itle of soda Leslie thereto ex—
amined, one all the balsnoe of foe gvrohsse money names therein, 2
has been sully pain" 0 said 1251fis. On ‘ne execution on; welivery '
0f 8810 contrfict 1:9 Vfiiu§fif ' srejn bison: How were sanitahii own)”

 O Q

20
of saio lend.

On the 18" day of June, lEQQ, one A. J. Auxier one one J.“.
York; Who were so the time partners under Lne firm tone of anier
& York, broUgnt 0,9ui; in the Circuit Court of Fike Counoy, Ky., fl
covrt weigh had juriboiction of the subject matter thereof,
ageinet eaio Meyer Sonamberg, Emil Vex, Alfr=e C. Kirsch, one
H?er H, Reie, in which the sought to recover a juugment Egkiflsfi
said uefendaqts ~i‘or the sum of $1950.00 gnu at new some 7ime amid
piaintiffe, Auxier fl York, only eneo out an: ceusee io be issued,
a general order of eiiacnment in eei; action againefi the property
of seio iefendvnth which eoly can} :0 ’ns 3?noe of in? Sheriff
of Pike Coon y, one finish was Lnereaft)r, to— it, on July El,
1890, only levieo on raio l m,:es the yroperty of eaio defeno3i23.
All of gain wefenoante :nereofier only appeared rno mode ;efence :0
said acnion, enx arterwaro, to—wit, on FeLrnery 7, 1899, at e
regular tern of fine Dike Circuit Covrfi, 5,3uugment was duly renw
aered in said action in favor of eaio ;laintiffe, Auxier & Yonz,
eiainet gain uefendamts Neyer Scnemberg, Emil Fox, Alfred C. Firech,
and Henry Reis, for the aim of $1450 with interest Loereon at the
rate of six per cent a year, from June 18, i890 ano sustaining
said etLacnnent and ordereoing said lands to be solo as Lee 3r09~
erty of seio oe endants by a commissioner of saia Court, to
safiisfy said judgment. Said sale was thereafter made by eaie
Commiesioner under 9nd pursuant to said judgment one ;his com~
plainenfi beCEme the yurchaser inereof at said sale. Tnereefter
at the reguler April term 1899, of saic Court, saiw sale was and
reguharly reported to said Court, and seio Court by an order
tnereupon entered by it in saio action, duly opyroved and confirmed
some one oirected~seio Commissioner to convey 5 Bid lend to this
complainant, wnich he tnereupon oio, one thereupon unis complainant 'K
was put in possession of said lfino by the orders and pnncesses of
said Court, and has ever since fihen continueu in posseeeion coeraof.
All of which appears from a duly certifieu copy of the recoro of
sain action in the Pike Circuit Court, Which is filed es part

 g 0
5.
hereof marked Exhibi: "B". By virtue of all of which comgleinant
became and is now veste; With fine eduitable title of Shit l€nu §T®~
viouely owned as aforesaid by baio Veyer Sonemberg , Emil Fox,
Alfred C. Hirsch and Peary H. neiss at the once of eaio levy of
the attacnment fihereon, one :0 Ln? legal Litle to four sixtas
tnereox‘, V.’?)ici’i was :‘su‘osequently convwea: 1' c. {uni-,2 Fifi/er So::-£~'u.»1fi:=er._,5
ann Henry M. weis, by deem of gain James H. Leslie wow 'ife fo him,
dated February firm, 1891, recorded in D.B.Y, pages 30? to 310,
Pike Couniy Court recorfle} By said oeeu of Leslie and bio wife
the remaining two—sixthe of the legel fitie fio rain lance, was
_ conveyed to ’he tef=nfinflts herein, fret is, one—sixth to defenonnt
Levi Mayer one~sixth to uefendant Meyer Frank; and thereafter on
Oct. 5, 1900 saio cefenoante 30intly brought an action at low in
tcin Court against ins somgiainant LO recover two Sixthfi of said
leni, claiming it under uni; LGHYP:ELQ3 of the legal rials :nereto
to them by oaio Leslie, énc having no other claim of title there-
tos and eaio action at liw ie still pending nnc unoetermined. Com—
plainant says abet neiendants When they fook irom saio Leslie a
conveyance of the legal title io oneenixtn of gain lfilu to each
of them, nail notice or 1: he fact that sail Les 1i :3 her: cola. 88,le
land by executory contract io eafi; Meyer Sonamberg, Emil Fox,
Alfred C. Hirecn ani Reqry M. Reis, that by virtue of fine atcve
facts me is Lne equitable owner of gain two—Sixtns of gain land,
as well as tne legal owner of {be other four—sixtne thereof) rn;
szx is entitled to a conveyance of the legal title :hereto from
oefenonqts, defendants are regreseoten in main action at law in
Coin Corrt, by ;aeir attorneys of record, Meoers. Alfred Selli5~
man and George Weissenser Smith, of Louisville, Ky., and Walter
S. Harkins of Prestonsburg, Flora Gounfiy, Kys, who are »
attorneye one counsel of tnis Court as by reference io one record
in saiu action will fully appear;
In coasiceration whereof, and for as much as your orator
is remeoilese in the premises at and by to? strict role of fine
common law, uni is only relieuable in e Cour? of Elni 7.
I To the eon, :narefore, ihat your orator may nave Last relief

 v0 or“
A1.
which he can obirin only in 9 acort of eguitr, he nor prays Lao
Gerri, that Upon final hearing of Itih cease, ; :ecree be grouounc-
ea ano entereu enrein, perpetually enjoining the salt ceieiuen25,
I v _ __ '.. Lu , ,‘ . . ., ~ 4‘ ‘ ' .. I 7‘ .', 3— ‘ 'a r'u'~ >1 f,‘~.'
Zev1 waver & Meyer Freon irom 9ro:eou€iug L091? 5&1a nColOfl no iro
. . / . , , i - -» 54;‘ . H .. ,Afim q x
to recover saia.2/G intereSL in main lawn: irom your OdeUi, cno
. ‘
a o a u I , .lv‘c A n > V O _ , I ,‘ , .‘, ,.—' A . «, ,..
, shot a preliminary ingvnction do immeoieteiy lhfiwe, YEEifruhldu
aefenumflte from prosecuting saic eottion at law genoing tnis soit.
i He greys further that on finel hearing herein, oefeeuaqt be or~
gored and compelled to convey to your orator the 135ai titie to
said S/h of i saio lanu, now held by them fine for such other and
Further relief as one eyuitv o£’3ne case may require awn to your
Honors may seem meet.
May it please your Honore to grant unto your orator a writ,
or write of subpoena, lBuUGQ out of :ni: Court {flu under i:s
seal oirecteo to Levi Mover & Meyer Pro k, :1 compel them to ap—
gear one answer this bill, but not Upon oath or affirmation, the
- .
benefit of wnioh is exgresbiy wfiiVSH by your orator, en; abi e an:
perform swab order and oecree in the premises as to your Hrnors
Snell seem proper one reivireo by the grinoiples oi equity, and inas
much as This bill is enoiliary to saie action at 19w in {hie Court,
and saiu uefeiuanCo, who are also plaintiffs in gain action at
LPN, are both non~reeieents of Ky., your orator yraye :oet an order
be immeoiateiy men: emu eitered herein, uirecting the Marshoil of
CD‘S district :o serve the writ or write of subpoena when issued
herein, Upon ihe oefeidante, Levi Mayer & Meyer Frank, by sub—
ct"; #111: and 4.7“: i A: +h aria ‘ 1" 71‘ V” ”‘12:“? r r‘ 4T ' 37 0‘4.“ 1"”!‘1vj‘7k‘5 T‘ “(“3 > 4 .
u ”or v. Lirvici ,i,i oi ifon ”Love Dani Logo “ode oi ".LOFQ in
tnio chrt, or Ufon either of teem, one seat :33 game ween made he '
deemed goon Service;
W.W.Weoswor$h, J.M.Yorh; and E.L.WorthiaQton,
1. . ”A" , -,‘- .~.~ 4.
Soi101tore iUl COmflalnaflo.
, UNITED STATES OF ATQRIOA. ism
1 1—,- . urmwx m —‘ 'r -v - r 1' I L)
A mi “Ir: :.HToT o» ”mow. )
Personally agreemeo James Hatcher who being uoly sworn says
we is the compieinant in the above nemeo ano that the statements
.\ L , pl- u-q- \ _ar. - H .0“ ‘ ‘ . ‘...A“ i '. ‘..
OI “he MQOVG blLi oi complaint no ial as it reiaoee to 935.0un acts
and QSPQS are true, so for as it reletes to xhe ECtE or oeeae of
others he believes to be true.
James watcher.
SUbSCleed Fir sworn Lo before me this 20 gay of Oct-g 1902.
dos. C. Finneii, Clerk.