Duncans in Greene Co. OH Court Records Part 2

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Duncan research files of
Mary Ann (Duncan) Dobson
the Genealogy Bug

Last revised January 27, 2004

GREENE CO. OH
COURT RECORDS Part 2, May 1842,
Second half, pg.165 continued
 

Greene Co. OH Supreme Court, Chancery Record Vol.B, 1840-1851 (FHL film 1,029,186) (MAD: I have frequently shortened the date, and have written the quantity of acres in numbers instead of words; spelling of names as given as best as I could read them; I have added paragraphing and some punctuation for ease in reading.)
 
      [Margin (pg.165 continued): Daniel Dean answer] Separate Answer of Daniel Dean to the Bill of Complt. exhibited against him by William D. Bell and Margaret his wife in this Court of Com. Pleas of Greene County, Ohio.
         This defendant now comes and for answer says that in the Winter of 1812 he purchased of Thomas Carneal ad's. of Kentucky Survey No.1995 in the Virginia Military District in Greene County, Ohio, and paid first the sum of two dollars per acre believing that he had obtained a good title. That it was afterwards discovered that the title was in John McAdams of Virginia, as was also the title to Survey No.2247 which had been purchased by Thomas Watson of Carneal, Administrator. Under these circumstances your Respondent living upon said land and having made improvements was of course desirous to save his improvements although he lost his purchase money. Thomas Watson in the summer of 1816 proceeded to Virginia to purchase in the adverse title and at that time, Respondent verbally authorized said Watson to purchase for him Survey No.1995 and as defendant is informed and believes, it was purchased of Thomas Watson and a Patent finally issued to him and a deed made by Thomas Watson to this Respondent under this arrangement for Survey 1995, except such part as the title failed to in consequence of the advantage taken by Paynes heirs hereinafter mentioned. Defendant was from time to time by Thomas Watson of the result of his effort to purchase said property of the claimants under John McAdams. He denies all knowledge of any fraud or coertion in the procurement of said assignments as charged in said Bill and does not believe that any existed.
         The facts in relation to the procurement of the assignments marked (C) in Complainants Bill he believes to be as stated in the answer of his co-defendants as herein above stated and which he has read over and contains all his information on that subject except that the heirs of William Payne availed themselves of the defective assignment of their father to get rid of his contract and defendant lost that part of said land purchased as was supposed for him by Thomas Watson. He admits the death of John McAdams, the making of the will, the devise to Charlotte McAdams as stated in the bill, that Charlotte McAdams was legally married to Thomas Taylor and had issue as stated in said bill, and that Charlotte McAdams Taylor intermarried with Robert Nutt, that Martha Taylor intermarried with Thomas Taylor, but as to their deaths and the issue inheriting he has no knowledge and can neither admit or deny and calls for proof. He is informed and believes that Ann Taylor intermarried with William Payne; as to their issue he has no particular knowledge and cannot admit or deny the allegations of the bill.
         Defendant believes that the Warrants upon the patents was issued was sufficiently assigned to justify the issue of the patent on the part of the Commissioner of the General Land Office. He had no knowledge how it was done but hoped & expected that it would be done right by Watson after their former loss at least and presumed the public officer understood his duty and that the patent gave them title. He has paid for said land in good faith and he submits to the court whether he has failed by any technical rule of law in acquiring a title which was honestly contracted for and which he believes it was the intention of all parties honestly to convey.
         He admits that a partition took place as stated in said Bill and that he acquired his title to Survey No.1995 as aforesaid. That he has sold and conveyed parts of said land so acquired to several of the defendants aforesaid by Warrantee deeds and still retains 247 acres during his life for his maintainance, having however deeded it to his son in law John Bicket on that condition. That he has made large and valuable improvements on said land, built a large stone house, barn &c, and cleared 80 or 90 acres of land.
         Defendant denies all knowledge of any controversy as to these assignments by Nutt & wife and Taylor & wife until the notice to quit said property avered in the Bill and Bill filed. Whether Robert Nutt & wife or those claiming under them were ever in the State of Ohio by themselves or their agents he neither admits or denies for he has no knowledge on the subject. He denies all combination and fraud wherewith he is charged and any fraud to his knowledge or belief on the part of Thomas Watson. On the contrary he honestly and fairly sought to purchase said land having been on it and impressed by a prior purchase which failed. He has been in possession and those claiming under him, paying taxes and making improvements without notice for nearly 27 years. And having fully answered traversed and denied or admitted all the material allegations of said bill as he is advised he prays to be hence dismissed with costs in this behalf most wrongfully sustained. (signed) Odlin & Schench, Sols. for Complts. Daniel Dean.
         State of Ohio, Greene County S.S. Personally appeared before a Justice of the Peace for said county the above named Danilel Dean and being says that the within answer so far as stated from his own knowledge is true.
      [Margin, Pg.167: Bell & wife vs. Duncan et al]
Sworn before me this 27 January 1840. Edo. Burnet? (Bennet?) J.P.
      [Margin: Exhibit A) The following is a copy of the exhibit (A) refered to in the foregoing answer of Robert Dean et al, towit,
         On demand the 10th day of January 1817, I promise to pay or cause to be paid to Wm. Payne who intermarried with Sarah Ann Taylor one of the heirs of Charlotte McAdams afterwards Charlotte Taylor, Robert Nutt who intermarried with Charlotte M. Taylor who was likewise an heir of the aforesaid Charlotte Taylor, and Robert Nutt as Guardian of Martha C. Taylor also an heir of the aforesaid Charlotte Taylor, the full and just sum of fifteen hundred dollars good and lawful money of Virginia to which payment well and truly to be made I bind myself my heirs &c. Signed and sealed this 8th day of July 1816, (signed) Thomas Watson [SEAL], in presence of Ralph Edmonds, John Hall.
      [Margin: Leave to amend Bill &c] And afterwards towit, at a term of said Court of Common Pleas, Continued and held at the Court House in Xenia on the 28 April 1840, came the parties aforesaid by their solicitors aforesaid and on motion of complainants counsel leave is given them to amend their bill, on payment of the usual costs of such amendment, and thereupon on 2 May in the year last aforesaid, A. Harlan appeared in open court and undertook for the said William D. Bell & wife to pay all costs that have accrued and all the costs that may accrue in the farther prosecution of this cause in default of the said William D. Bell and Margaret his wife to pay the same, and filed in said Court the following amended bill,
      [Margin: Amended Bill] To the Honorable the Judge of the Court of Common Pleas of Greene county, Ohio, in Chancery now sitting. Your petitioners William D. Bell and Charlotte Bell his wife who heretofore filed in this court their bill of Complaint against Daniel Dean, John Duncan and others by the name of William D. Bell and Margaret M. Bell his wife, the latter of whom was by mistake called Margaret M. instead of her true name which is Charlotte, now come and by leave of the court file here an amendment and supplement to their former bill
         And state that Jacob Hagler decd. in his lifetime held some claim to the land described in the original Bill under pretence of title derived from said Thomas Watson named in said Bill, that he died about the year 1837 leaving a widow Melinda now the wife of James McMillan and the following children and heirs, towit, Matilda Hagler, Huldah Hagler, and Jacob D. Hagler for whom one Timothy D. Neal has been appointed guardian and all of whom are under age. That said children and heirs and their said mother and step father all reside in the County of Madison and that the Guardian of said heirs resides in the County of Greene, all of whom except said Guardian claim an interest in said land under the said Jacob D. Hagler decd. and your petitioners pray that they may each be made defendants to this bill and the original bill.
         Your petitioners also pray that said Thomas Watson may also be made defendant to said Bill and that inasmuch as he resides in the State of Indiana that notice may be given by publication &c.
         Your petitions (MAD: sic) also alledge that William Guthrie and Mary Guthrie also claim some interest in said land under said Watson, that they reside on the land, and your petitioners pray that they may be made defendants to this suit.
         Your petitioners pray that said defendants may answer this bill and the bill to which this is an amendment and charge as they have heretofore charged and pray the same relief which they have heretofore prayed for in their original bill and that all of said defendants may on final hearing be decreed to convey and release all their interest in said lands &c and that the defendants above named may answer this bill under oath and say what interest they claim in & to said lands and the same was acquired and that general relief may be granted to your petitioners & for your writ of Subpoena &c. A. Harlan Sol. for Complts, and thereupon this cause was continued until the term of August next.
      [Margin: Answer of T. Watson] And afterwards, towit, on 4 July in the year last aforesaid the said Thomas Watson by Odlin Schench & Casard? filed in the Office of the Clerk of the Court of Common Pleas aforesaid his answer to said Bill in the words and of the tenor following, towit,
         The Seperate Answer of Thomas Watson to the Bill of Complaint of William D. Bell and Charlotte Bell against him and others. This Defendant saving and reserving &c for answer to said petition or to much thereof as this defendant is advised is material for him to make answer unto, answers and says that he admits that warrant mentioned in Complainant's Bill issued to the said John McAdams and that said warrant was located on surveys numbered 1995 and 2247, that said McAdams died and devised to his sister Charlotte McAdams all the land included in the said surveys.
         He admits the marriage of the said Charlotte with Thomas Taylor and that Charlotte, Sarah Ann and Martha Taylor were the children of the said marriage; that said Charlotte died intestate after her husband leaving said children her heirs at law; that said Charlotte intermarried with Robert Nutt, that said Sarah Ann intermarried with Wm. Payne, and that said Martha intermarried with Thomas Taylor. Of the issue of the said marriages this Deft. has no positive knowledge and he therefore neither admits nor denies the allegations of said Bill in that respect.
         Defendant states that the first interest which he had in said lands mentioned in the bill was about the month of February 1812 when he applied to one James Coleman of Kentucky who was administrator of the estate of Thomas Carneal then deceased, with a view to purchase a tract of land and this defendant believing that Coleman as administrator could convey a good title purchased of him 833-1/3 acres of land of Military Survey No. 2247 one of the surveys described in the said Bill, for which this defendant agreed to pay the sum of $2 per acre, and the said Coleman executed a contract in writing whereby the said Coleman bound himself to convey the said tract of land when full payment should be made.
         This defendant paid on said contract between five and six hundred dollars, and then or soon thereafter Coleman was succeeded in the administration of said estate by Thomas D. Carneal now of Cincinnati, a son of the deceased, to whom this defendant offered to pay the balance of the purchase money, in consideration he would make a good title to the land. But this defendant then discovered that the deceased had none or a defective title to said land, and his administrator refused to convey the land or to pay back the money advanced to Coleman as aforesaid. So this deft. lost all he had paid to Coleman, besides considerable time, trouble and expense in attending to the business.
         Deft. went into possession of the land under his contract with said Coleman and commenced clearing and making improvements on the 10th day of March 1812. This defendant with his father and brother Jesse, erected
      [Margin, pg.169: Bell & wife vs. J. Duncan et al]
three cabins and cleared land for a crop during the spring of the same year, and the said Jesse and the father of this defendant have continued in the peaceable possession of the same land so purchased of the said Coleman until October 1837, when the said Jesse sold his interest, and have made extensive and valuable improvements thereon, that is to say, they have continued to occupy a part of the purchase made of said Coleman.
         This Defendant having heard that the two tracts mentioned in the bill were owned by one John McAdams or his heirs who then lived in the State of Virginia, and being desirous of securing a title to the lands which this Defendant had already purchased of Coleman, he, this Defendant, proceeded to Virginia, in the Summer of 1816 with a view to ascertain the situation of the title to and the names of the owners of the lands in dispute and with the determination of making another purchase of the land if the true names could be found.
         From the best information this defendant could obtain he was induced to believe that Robert Nutt and Charlotte M. Nutt and Martha C. Taylor and William Payne who had intermarried with one Sarah Ann Taylor by whom he had issue four children as this Deft. was informed and believes were the true owners of the Military Surveys in the said Bill mentioned.
         And acting under this belief the defendant did about July in the year 1816 purchase the the? said two surveys of the said Robert Nutt & Charlotte M. Nutt, Martha C. Taylor and William Payne and took from and took from (MAD: sic) them a writing stating the terms of the contract which they executed and delivered to this defendant. And this defendant at the same executed a bond marked (B) to which this defendant refers and prays that that (MAD: sic) the same may be made a part of this his answer, which bond bearing date the 8th day of July 1816 & drawn for fifteen hundred dollars being the agreed to be paid for the said two surveys and is made payable to the said William Payne, Robert Nutt and Robert Nutt as Guardian of Martha C. Taylor. This contract required the said William Payne, Robert Nutt & Charlotte M. Nutt his wife and Martha C. Taylor to assign and transfer in a proper manner the warrants for the land in question to the defendant so that a Patent might issue in his name. It was then arranged between the said parties and the said defendant that this Deft. should go to Washington City about December following for the purpose of obtaining his Patent on the assignment of the Warrants to be made to him as aforesaid. When the contract was made in July 1816, the said Martha C. Taylor was not of full age by a few months and on that account the actual assignment of the Warrant was postponed till some time in December next following at which time she would be of full age. So this Defendant received the contract aforesaid for the assignments of the Warrants and at the same time delivered his own bond for the consideration to the parties therein named as obligee? and returned to the State of Ohio.
         Defendant pursuant to the arrangement aforesaid went to Washington City some time in the month of December A.D. 1816 and there met with the said Robert Nutt who had procured an assignment of the warrants by the said William Payne, Martha C. Taylor, and in which assignment the said Robert Nutt and his wife Charlotte McNutt had greed? (ground?) - The assignment was acknowledged by the parties before a Justice of the Peace. This deft. does not know whether the said Charlotte M. Nutt was compelled by force and threats to sign the said writing or not, he was not by at the time, but he supposed the transaction was fair and satisfactory to all the parties, and that she voluntarily signed said assignments for the valuable consideration stated in this Defendant's Bond above refered to and the defendant supposed he had acquired honestly and legally the whole right title and interest of the said parties to said contract, in and to the said tracts of land in question. But this defendant states that although the said contract was signed and acknowledged before a Justice of the Peace, yet the official certificate of the Clerk of the County in which the assignment had been acknowledged had not been obtained to the official character of the officer by whom the acknowledgement was taken. On this account the Commissioner of the General Land Office refused to receive the assignment and issue a patent to this Defendant. The said Robert Nutt there? in the presents of one of the Clerks of the General Land Office agreed that he should return home and have the assignment properly made out and acknowledged and would transmit the same to the Land Office, and the Clerk in the Land Office said he would on the recpt. of the assignment properly certified forward a patent to this defendant.
         Under this arrangement this Defendant under this arrangement Defendant (MAD: sic) paid to the said Nutt nearly the whole amount of the fifteen hundred dollars bond as aforesaid in cash and for the balance this defendant gave a new obligation and took up the said $1500 bond and then returned home. Shortly after the said Wm. Payne died leaving four children as stated in complainants bill, issue of his marriage with Sarah Ann Taylor as this Defendant is informed and believes, which children were under the age of twenty one, and the said Martha C. Taylor not long after this deft. returned home intermarried with one Thomas Taylor. In consequence of which event as the Defendant supposed the said Robert Nutt failed to comply with the said arrangement whereby he was to procure a regularly certified assignment of the land warrants and transmit the same to the General Land Office as before stated.
         This failure induced this defendant to go again into Virginia to attend to the business and to bring it to a close. Defendant then procured the said warrants to be duly assigned and acknowledged by the said Robert Nutt and wife Charlotte M. Nutt and Thomas Taylor and Martha C. Taylor his wife and their acknowledgement to be duly certified by the Clerk of the County. Which transfer and assignment was taken by this defendant to the Commissioner of the General Land Office who caused patents to be issued for the lands in the petition described. At this time and on the occasion of procuring the assignment of the parties aforesaid, this defendant lifted the last obligation being the due as before stated which was given for the balance of the 1500$ bond, and at the same time this Defendant paid to the said Thomas Taylor who had married the said Martha C. Taylor and additional sum of money amounting to between three and four hundred dollars, to induce him to execute said assignment, he having created some difficulty about it after his marriage with the said Martha C.
         Defendant admits that by an order of the Court of Common Pleas of Green County, Ohio, two lots, the same he supposes as those mentioned in complainants bill, were set off to him. He does not know that there is any part of the said surveys which was not taken into consideration in making the partition under the order of the said Court and he believes the partition was just and equal and if there is any injustice in the matter he does not know against whom it was committed. This defendant believed that the assignments made to him were sufficient to transfer all the interest of the said parties to this defendant, and he further denies that he made any improper or unauthorized statements to the Commissioner of the General Land Office
      [Margin, pg.170 (MAD: numbering error): Bell & wife vs. J. Duncan et al]
to induce him to issue patents to this defendant. Defendant is informed and believes that large and extensive improvements have been made on the premises on the faith of the above mentioned partition and in the faith of the sale of the defendant's interest in them. And he denies all fraud and combination. Odlin, Schench & Howard, Sols. for Deft.
         The State of Indiana, Tippecanoe County, S.S. Before me, Penrose Stedham, a Justice of the Peace within and for the County of Tippecanoe, personally appeared Thomas Watson the above named defendant and who being first duly sworn according to law deposeth and saith that the matters and things in the foregoing answer so far as stated of his own knowledge are true and so far as stated from the information of others he believes. Sworn to and subscribed this 12th day of June 1840. Thomas Watson. Penrose Stedham.
         State of Indiana, Tippecanoe County, S.S. I Samuel Hoover Clerk of the Circuit Court of the County of Tippecanoe in the State of Indiana do hereby certify that Penrose Stedham Esq. before whom the above answer of Thomas Watson to the Bill in Chancery of William D. Bell & Charlotte his wife &c appears to have been sworn to & subscribed by said Thomas Watson, was at the date thereof an acting Justice of the Peace within said county duly qualified according to law and that full faith and credit are due his official acts as such. In [L.S.] testimony whereof, I have hereunto set my name and affixed the seal of said court at Layfaette on this 20th day of June 1840.
      And afterwards, towit, on the 3rd day of August in the year 1840 was issued out of the Office of the Clerk of the Court of Common Pleas of said county the following writ of Subpoena in Chancery.
      [Margin: Subpoena] The State of Ohio, Greene County, S.S. To the Sheriff of said County, Greenting. You are hereby commanded to summon Timothy D. Neal Guardian of Milda Hagler, Huldah Hagler and Jacob D. Hagler, minor heirs of Jacob D. Hagler decd, and William Guthrie and Mary Guthrie to be and appear before the Court of Common Pleas of said county at the court house in Xenia on the 26th day of August inst. to answer unto an original and amended bill in Chancery exhibited against them and others by William D. Bell and Charlotte his wife and this they shall in no wise omit under the penalty of one thousand dollars and have them and this writ. Witness my hand and the seal of said court at Xenia the 3d day of August A.D. 1840. T. Marshall, Clerk.
         The State of Ohio, Greene County, S.S. To the Sheriff of Madison County, Greeting. You are hereby commanded to summon James McMillan and Malinda his wife late Malinda Hagler, and Milda Hagler, Huldah Hagler and Jacob D. Hagler minor heirs of Jacob D. Hagler decd. to be and appear before the Court of Common Pleas of said County of Greene at the Court House in Xenia on the 24th day of August inst. to answer an original and amended bill in chancery exhibited against them and others by William D. Bell and Charlotte his wife and this they shall in no wise omit under the penalty of one thousand dollars and have then and there this writ. Witness my hand and the seal of said Court at Xenia the 3rd day of August A.D. 1840. T. Marshall, Clerk.
      And afterwards, towit, at a term of the Court of Common Pleas aforesaid begun and held at the court house in Xenia on the 24th day of August in 1840 the Sheriff of Greene County, towit, Wm. C. Robinson Esq., to whom said Writ in form aforesaid was directed, returned said writ to said court endorsed thereon as follows: August 21, 1840. This Summons served by reading and giving each defendant a true copy of this writ. W.C. Robinson, Sheriff of G.C.
      And the Sheriff of Madison County, to wit, William Warner Esq., to whom said writ in form aforesaid was directed returned said writ endorsed thereon as follows: August 10, 1840, I have served all the within named persons personally by copy. Wm. Warner, Shff. M.C.
      And afterwards, towit, on the 26 August 1840, it being at the August term of said Court, the said Timothy D. Neal filed in said court his separate answer to the bill of complaint in the words and of the tenor following, to wit.
         [Margin: answer of T.D. Neal] The answer of Timothy D. Neal Guardian of Milda Hagler, Huldah Hagler and Jacob D. Hagler minor heirs of Jacob D. Hagler decd. to the original and amended Bill of William D. Bell & wife in the Common Pleas of Green County, Ohio. This defendant as guardian of the minor heirs aforesaid, saving to them all exceptions to the errors & certainty of said bill on the part of said minors, answers and says. That he is guardian of said heirs, that he is informed & believes that they claim title to 250 acres of said land in survey No.2247 which was purchased from Thomas Watson by Jacob Hagler the grandfather of these heirs about 25 years ago and was deeded to him by said Watson some years after that. This 250 acres is in the East corner of said survey, that said Jacob Hagler devised the same to his son Jacob D. Hagler & his daughter Elizabeth and died, which will is proven & recorded &c in this county. That about six or seven years ago Jacob D. purchased the interest of Elizabeth and became seized in fee simple of the whole 250 acres of which land he died seized and intestate leaving this land to his minor heirs subject to the dower of his widow now married to James McMillan of Madison County, Ohio.
         That your Respondent has never been informed neither does he believe that Hagler or claiming under him had any knowledge of any defect of title to this land to this land (MAD: sic), or that any fraud, misrepresentation, force or threat was at any time used or resorted to, to acquire title by any person or to procure the assignment of the original certificates. The property during all the period above mentioned has been held and improved by Jacob Hagler & those claiming under him as aforesaid, and valuable improvements have been made thereon, brick house, barn, clearing, orchards &c in confidence of title derived by patent from the United States. And further than this respondent says he has no knowledge of the truth or falsity of any of the charges contained in said bill but for all those matters calls for proof.
         And appearing as he does in this cause for the minor heirs, he submits their interests to the court and prays that they may be protected in all their just and equitable rights in the property aforesaid as he believes honestly & freely acquired and transmitted to their ancestor aforesaid as an innocent purchaser for a valuable consideration without fraud or knowledge of fraud. And having fully answered to said bill all the knowledge he possesses on the subject he prays to be dismissed together with said heirs with their costs in their behalf being fully sustained &c. Odlin & S. Schenck for Respt. Timothy D. Neal.
         State of Ohio, Greene County, S.S. Personally appeared in open court the above named Timothy D. Neal Guardian of Milda Hagler & other heirs of Jacob D. Hagler decd. and being duly sworn states that the above answer so far as stated from his own knowledge & the information of others he believes to be true &c. Sworn to 26 August 1840 in open court. T. Marshall Clk. Timothy D. Neal.
      [Margin, pg.172: Bell & wife vs. J. Duncan et al] And afterwards, towit, on the 29 August in the year aforesaid the said William Guthrie and Mary Guthrie filed an answer in said court to the Bill of Complainants in the words and tenor following, to wit,
      [Margin: Answer of Guthrie & wife] Answer of William Guthrie and Mary Guthrie to the bill of complaint exhibited against them by William D. Bell and wife in the Court of Common Pleas of the County of Greene, Ohio. These defendants saving to themselves all exceptions to the gross untruths &c in the complainants bill answereth & saith
         That they have no knowledge of any of the charges alleged in said bill as to the land warrants, surveys, death of John McAdams, will, devise, heirship & assignment of certificates &c upon which the patents issued from the General Land Office to Thomas Watson and the heirs of Sarah Ann Payne as stated in complainants bill. They have no knowledge of any fraud, coercion or any other improper or undue means being made use of to obtain title. They have never had any reason to suppose that the title was in any manner defective or claimed to be defective until the recent attempt of the complainant to call in question its validity & being innocent purchasers under a perfect legal title under Thomas Watsons & unconnected themselves with any of these charges by any participation or knowledge thereof, they call for proof.
         They admit that they are owner and claim title in fee simple to part of said land. That some 24 or 25 years hence as they are informed and believe, John McFarland purchased about 49 acres of said land in Survey 2247 of Thomas Watson, and also from 10 to 16 years past purchased of John Duncan one of the defendants, 22 acres or thereabouts in the same survey. That this land so held & occupied by John McFarland was sold & conveyed to the said Mary & Nancy Guthrie about six or eight years ago. That Nancy the daughter of said Mary married to James Spencer & sold and conveyed her interest to William Guthrie and that they hold & claim title to said 71 acres by said purchases & conveyances and are innocent purchasers for a valuable consideration & without notice and they & those under whom they claim having during all said time occupied said premises and made valuable improvements thereon. And as to any other of the allegations contained in Bill they have no knowledge & can neither admit or deny but call for Proof & having answered pray to be dismissed with their costs in this behalf most wrongfully sustained. Odlin & Schenck, Sol. for Deft. (signed) William Guthrie, Mary Guthrie.
         State of Ohio, Green County, S.S. Personally appeared before the subscriber a Justice of the Peace for said County the above named Mary Guthrie and William Guthrie and being duly sworn state that the matters contained in said answer so far as stated from their own knowledge is true & so far as is stated from the knowledge of others the[y] believe to be true. Sworn & subscribed this 29th day of August 1840 before me, E. Bennet, J.P. (signed) William Guthrie, Mary Guthrie.
      And thereupon this cause was continued until the term of November next.
      [Margin: Depositions] The following is a copy of the depositions of Catharine Nelms and Augustine Pitman(?) filed in this cause.
         State of Virginia, Northumberland County, Sct. The deposition of Mrs. Catharine Nelms of the County of Northumberland and the State of Virginia, subscribed to and affirmed to by her this 4 day of April 1840, to be read as evidence in a suit in Chancery depending in the State of Ohio in Greene County Court of Common Pleas between Wm. D. Bell & wife against John Duncan & others.
         The aforesaid Catharine Nelms having made solomn oath affirmation according to law and the usuages in such cases that said Catharine Nelms being a member of the Baptist Church and from religious scruples declined to take an oath, saith that she was well acquainted with Capt. John McAdam decd. and with his sister Charlotte McAdam late of the County of Lancaster and State of Virginia. That the said Charlotte was lawfully married to Thomas Taylor who lived in the County of Lancaster and State of Virginia and that by her said husband she had three daughters, namely, Charlotte McAdam Taylor, Sarah Ann Taylor and Martha C. Taylor. That said Charlotte McAdam Taylor was lawfully married or joined in wedlock to Robert Nutt of the County of Northd. State of Virginia, & that the said Robert Nutt & the said Charlotte McAdam Taylor his wife had born in lawful wedlock as the issue of said marriage, one daughter whose name was Charlotte McAdam Nutt but who was married to William D. Bell some time since, who is yet her lawful husband and they yet live together as such now in the Town of Heathsville (Weathsville?) in Northd. County Virginia. And that the said Charlotte McBell (MAD: sic) is by regular genealogical descent the grand daughter of the aforesaid Charlotte McAdam Taylor sister to the aforesaid Capt. John McAdam. That Sarah Ann Taylor intermarried with one William Payne late of the County of Lancaster, Virginia, and that said Martha C. Taylor daughter as afsd of said Thomas Taylor & wife decd. married Thomas Taylor late of the County of Lancaster, and she has heard that the said last named Thomas Taylor & wife who removed out of this state are dead. The said Wm. Payne and wife both died in the County of Lancaster, Virginia, and further this deponent saith not. Catharine Nelms.
      The deposition of Augustine Pitman of the County of Northumberland & State of Virginia taken, subscribed & sworn to this 4th day of April 1840 to be read as evidence in the same case as is mentioned in the Caption to the deposition of Mrs. Catharine Nelms hereto appended. The said Augustine Pitman having been duly sworn on the Holy Evangelists of Almighty God deposeth and saith that he was well acquainted with Mrs. Charlotte Taylor wife of Thomas Taylor late of Lancaster County, Virginia. That she was Charlotte McAdam and he always heard & believes she was the sister of the late Capt. John McAdams. That the said Charlotte Taylor wife of the aforesaid Thomas Taylor died in the year 1800. That the said Thomas Taylor died about the year 1813, leaving the following children, namely, Charlotte McAdam Taylor, Sarah Ann Taylor, and Martha C. Taylor. That the said Charlotte McAdam Taylor intermarried with Robert Nutt of the County of Northumberland and they have in lawful wedlock only one child and daughter namely Charlotte McNutt (MAD: sic) who hath been lawfully married to Wm. D. Bell who is yet her lawful husband & they now reside in the Town of Heathsville in Northumberland County Virga. & that the said Charlotte McAdam Bell is by regular and legal descent the grand daughter Charlotte McAdam afterward Charlotte Taylor wife of the above named Thomas Taylor decd. of Lancaster County Virginia.
         That Sarah Ann Taylor intermarried with Wm. Payne of Lancaster County & they both resided there till their deaths. That Martha C. Taylor intermarried Thomas Taylor of the same county & they both removed to the State of Kentucky & this deponent has heard & believes they are both dead. That he was well acquainted with Robert Nutt and his wife and they never resided anywhere out of the State of Virginia and he believes that neither of them went to the State of Ohio or were ever in that state and that they both died in the State of Virginia, County of Northumberland, and further this deponent saith not. Augustine Pitman.
         [Margin, pg.174: Bell & wife vs. J. Duncan et al] State of Virginia, Northumberland County, towit, I Thomas S. Sydnor a Justice of the Peace for the County of Northumberland and State of Virginia do hereby certify that foregoing depositions of Catharine Nelms and Augustus Pitman (MAD: sic) were severally subscribed, affirmed and sworn to before me at my office in the Town of Heathsville (Heatheville?), County of Northumberland and State of Virginia in due form of law on the 4th April 1840 between the hours of 10 oclock in forenoon and 9 oclock P.M. of the same day agreeable to the said notice. Given under my hand and seal this the 4th April 1840. Thomas S. Sydnor, J.P. (SEAL).
         State of Virginia, Northumberland County, Sct. I M.B. Cralle Clerk of the Court of said County do hereby certify that Thomas S. Sydnor Esq. whose name is appended to the foregoing certificate is a Justice of the Peace in and for the said county, duly commissioned and qualified. In testimony [L.S.] whereof I have hereunto set my hand and affixed the seal of said County this 4th day of April 1840. (signed) M.B. Cralle, C.C.
         Virginia, Northd. County, towit, I Edward Coles presiding Justice in and and for (MAD: sic) the county aforesaid do hereby certify that M.B. Cralle above named is Clerk of the Court of said County and that full faith & credit is due to his official act as such. Given under my hand & seal this 4th day of April 1840. Edward Coles (SEAL).
      [Margin: Repl.] And afterwards towit on the said 26 day of August in the year last aforesaid, it being at the August term aforesaid, the said complainants by Harlan & Poland their solicitors come and say that the matter and things set forth in said bill and amended bill are true in substance and matter of fact, and that the matters and things set forth in the answers of the said defendants contrary thereto are untrue and this they are ready to verify as by this court shall be directed. Harlan & Poland, Sols.
      [Margin: Continuance] And thereupon this cause was continued until the term of November next.
      And afterwards, towit, at a term of said Court of Common Pleas continued and held at the Court House in Xenia on the 13 November in the year 1840 before the court aforesaid came the parties by their solicitors, and the cause was continued until the next term of said Court.
      And afterwards, towit, at a term of the Court of Common Pleas aforesaid continued and held at the court house in Xenia on the first day of May in the year 1841 the parties by their solicitors again appeared and this cause came on to be heard upon the original and amended bill and answers and replication, testimony and exhibits and was argued by counsel. On consideration whereof the court do order and decree that the said bill stand dismissed with costs and that the said complainants pay the same within sixty days or in default that execution issue therefor as upon judgement it has notice of appeal by complainants.
      And afterwards, towit, on the day and year just aforesaid, towit, on the 24 May 1842, before the Supreme Court aforesaid, came the parties aforesaid by their solicitors aforesaid and the Court reserves this cause for decision in Bank at the next session and it is ordered that the papers be certified and forwarded to said court by the Clerk of this Court.
      [Margin: Decree in Bank] And afterward, towit, at said court in bank held at Columbus in December in the year 1842 this cause came on to be heard upon the bill, answers, testimony and exhibits and was argued by counsel. Upon consideration whereof it is ordered, adjudged and decreed by the Court that the said bill be dismissed with costs. It is further ordered that the said complainants pay the costs in this case taxed at $24.70 in sixty days and in default thereof that execution issue therefore as upon judgments at law and that a Special Mandate be sent to the Court of Common Pleas of Greene County to carry this decree into execution.
      N.C. Read O.S. (MAD: ?)
 

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