HARDIN CO. KY
COURT RECORDS
 

Hardin Co. KY Order Books (from Bill Mills 11/1988)
      C-346: 11 November 1816, On motion of the Attorney for the Commonwealth it is ordered that a summons issued against Elizabeth Keitha commanding her to appear here on the 1st day of the next term of this court to show cause if any she can why her children should not be bound out.
      C-538: 14 November 1818, Shadrack Duncan one of the constables of Hardin Co. ...
      G-233: 18 November 1833 ... John Duncan ... be appointed guardian for Jarret Duncan ... son of Elizabeth Duncan deceased ...
      H-156: 15 August 1836, On motion of John Duncan the Executor named in the last will and testament of Shadrack Duncan deceased ... makes bond to execute will ...
      H-244: 15th May 1834 (MAD: sic), on motion of John Duncan it was satisfactorily proven in open court ... that John Duncan, Patsy Carman wife of Joseph Carman, Charles Duncan, Samuel W. Duncan, William Duncan, Verlinder (sic) Thomas wife of Phelps J. Thomas and Jarret W. Duncan are the children and only heirs of Shadrack Duncan and Elizabeth his wife late of this County ...
      H-326: April 16, 1838 proved in open court that John Duncan, Patsy Carman wife of Joseph Carman, Charles Duncan, Samuel W. Duncan, William Duncan, Verlinda wife of Philip J. Thomas and Jarrett Duncan all now living and of lawful age are the children and only heirs at law of Elizabeth Duncan deceased wife of Shadrack Duncan late of said county deceased and daughter of Jarrett Williams late of Nelson Co. KY...
      I-110: 20 May 1839 ... was proved in open court that John Duncan, Patsy wife of Joseph Carman, Charles Duncan, Samuel W. Duncan, William Duncan, Verlinda wife of Philip J. Thomas, Jarrett Duncan, Isaac Duncan, Sarah Elizabeth Duncan, Milly Ann Duncan, and Sarah Jane Duncan are the children and only heirs of Shadrack Duncan ...
      I-255: Jan. 18, 1841, Rev. John Duncan issued license to celebrate the rites of Matrimony between all persons applying unto him in this commonwelth.
 

"Kentucky Opinions containing unreported opinions of the Court of Appeals" June 18, 1874, to December 16, 1876, by J. Morgan Chinn, Ex-Clerk, Vol.8; Kentucky Opinions, Vol.8, pgs.379 to 380 (California State Law Library, Sacramento, 2/2004)
      SALLIE DUNCAN v. MARY E. DORSEY, et al; Court of Appeals of Kentucky; 8 Ky. Op. 379; February 23, 1875, Decided.
      APPEAL from Hardin Circuit Court.
      Opinion by Judge Pryor:
      John E. Dorsey being one of the parties in possession of the property claimed by appellant, and a defendant to the action, and against whom a recovery is sought, was an incompetent witness; and if competent, the whole testimony, when considered, did not authorize a dismissal of the action. The appellees are attempting to enforce this contract made with an infant for the sale of his real estate, by proving the declarations of the infant prior to his arriving at age, to the effect that the consideration had been fully paid, and without showing that the contract was beneficial, or that the wants of the infant required that the sale should be made; and even if these facts appeared, the chancellor would hesitate before determining that under such circumstances the sale by the infant should be confirmed. The guardian of the infant had means in his hands at the time this sale was made sufficient to supply all his demands, and he seems not to have been consulted as to the propriety of making the sale.
      It is also remarkable, considering the testimony of John Dorsey as in the case, that all these payments should have been made to the father of the appellant when he was under age, and the chances taken for his making the conveyance after arriving at his majority, and the more so when the purchaser failed even to take a receipt for the payment, when he assumes to have paid the whole amount. Such proof of payment, in any case, would be regarded with suspicion, and the chancellor, before he would enforce such a contract made with one under age, must have evidence more satisfactory than is to be found in this record, both as to payment and ratification. The evidence shows conclusively that the infant obtained a horse of the value of $150. This amount should be accounted for.
      The judgment is reversed and cause remanded with directions to adjudge to the appellant, and her mother, also, who has dower in the same, the one undivided half of the house and lot in controversy, and requiring the parties in possession, defendants to the action, to account for the rent, whilst they have had possession of the beneficial use of the property, allowing them such sums as were expended in making necessary repairs, if any were required to preserve the property from decay. From the rents will be deducted the sum of $150, with interest from the time the horse was received, and if these rents will not satisfy the same, the interest of the infant will be rented out until the same is paid, or if the property is indivisible the whole property can be sold and the proceeds divided according to the rights of the parties.
      The judgment is reversed and cause remanded for further proceedings consistent with this opinion.
      Judge Cofer not sitting.
 

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