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Your orator would represent that on the 13th day of July 1822, he purchased from said Eli Robinson & Elizabeth his wife their undivided seventh part of said 130 acres of land and obtained from them a deed therefor, which is recorded in the clerk’s office of the Bourbon county court, & is hereby made a part of this bill. That said John has enjoyed the whole & entire profits of said land since about the year 1800, except for a few years thereafter during which said Joseph remained thereon, and has never accounted with his (word illegible) for their portions of said profits, or any part thereof. That during that time sd John has commited great (word illegible) and destruction of timber upon said land. He therefore prays that, the said widow, the said John, Joseph, Daniel & Robert Shawhon, Isaac Williams & Nancy his wife, Wm Becket & Jane his wife may be defendants to this bill; and that, inasmuch as he stands in the shoes of said Robinson & wife, and is without remedy at law, they may be compelled to answer the allegations of this bill in as full and ample manner as if again put by way of interrogatory: And he prays that said John particularly may on his corporal oath answer state how (word or words illegible) of cleared land there are in said tract of (word or words illegible) cultivation? How long he enjoyed the said (word or words illegible) (conpinction??) with said Joseph Shawhon & how (word or words illegible) alone? What was the average value of each acre of that land by the year as (word or words illegible) He prays that said defendants be compelled by a decree of this court, to make partition of sd land (word illegible) allot to that each be alloted his respective portion of sd land, & your orator have the portion of said Robinson & wife alloted to him—He further prays that said John upon a final hearing of this case be compelled to release to the said parties his title so as afs’d, obtained. He further prays that said John be compelled to account with said heirs & your orator for the rents & profits that he has enjoyed said land separately, & for one half of them during the time he enjoyed the same in conjunction with sd Joseph. He also prays that he be compelled to account for the waste and destruction of timber, by him commited—He states said John has the possession of the land executed as afs’d Rankin to sd Daniel dec’d, (Word illegible) that he be compelled to produce & file the same in this suit—He states that Robert Shawhon, Isaac Williams & Nancy his wife, Wm Becket & Jane his wife & sd Margaret the nonresidents & therefore he prays an order of publication ag’t them, & he prays such other and further relief as to equity belongs & the nature of his case requires & be as in duty bound with pray it.
The Commonwealth of Kentucky to the Sheriff of Harrison County Greeting: We command you to summon John Shawhan to appear before the judge of our Bourbon circuit court at the courthouse in Paris on the 18th day of our present August Term to answer a bill in chancery exhibited against him by William Pugh And this he shall in no wise omit under the penalty of one hundred pounds. And have there then this witness Thomas Arnold clerk of our said court at the courthouse aforesaid this 24th day of August 1822. In the 31st year of our Commonwealth. Thos. Arnold
September 7, 1822
This indenture made and entered into the seventh day of September in the year of our Lord one thousand eight hundred and twenty-two between Isaac Williams and Nancy his wife late Nancy Shawhan, of Allegheny County, State of Pennsylvania, of that one part, and William Pugh, of the County of Bourbon and State of Kentucky of the other part. Witnesseth, that the said Isaac Williams and Nancy his wife, for in consideration of the sum of seventy five dollars lawful money of the United States to them in hand paid, the receipt thereof is hereby acknowledged, have granted, bargained and sold, and by these presents do grant bargain and sell, and convey unto the aforesaid William Pugh his heirs and assigns forever, all their right title interest and claim in and to that certain tract or parcel of land situate lying and being in the said county of Bourbon and State of Kentucky being the one equal undivided seventh part of a tract of one hundred and thirty acres upon which John Shawhan now resides, and on which Daniel Shawhan resided at before his death; which said tract of land descended to the children of said Daniel Shawhan of which the aforesaid Nancy is one. Together with all and singular the appertances and hereditaments thereunto belonging or in any wise appertaining, together with the rents and profits, ways watercourses and yards. To have and to hold unto the said William Pugh, his heirs and assigns forever. In testimony whereof the said Isaac Williams and Nancy his wife have hereunto set their hands and seals the day and year first above, mentioned.
Signed, sealed and delivered in presence of
Thomas Enoch Isaac Williams
Robert Christy Nancy Williams
Received on the day of the day and date of the above Indenture, of and from the above named William Pugh, the sum of seventy five dollars lawful money of the United States; being the (word illegible) money above mentioned in full
Daniel Williams Isaac Williams
City of Pittsburg, State of Pennsylvania
We Thomas Enoch and Robert Christy esquires two of the aldermen in and for the said city do hereby certify; That on the seventh day of September, A. D., 1822, personally appeared before us, Isaac Williams and Nancy his wife, known to us as the Grantor of the foregoing deed and severally acknowledged. That they executed the same as their (word illegible) and deed for the use and purposes therein expressed; and the said Nancy being by us examined separately and apart from her said husband, acknowledged that the executed and signed the same freely without any fear, threats or compulsion of her said husband, and that she did not wish to retreat it. She at the same relinquishing all her estate, right and title of dower, in and to the land within described and conveyed—Given under our hands and seals this seventh day of September in the year of our Lord one thousand eight hundred and twenty two.
I James R. Butler (word illegible) of the Court of Common Pleas of Said County do certify that Thomas Enoch & Robert Christy Esquires before whom the foregoing acknowledgements was taken, are aldermen for the city of Pittsburgh & Justices of the Peace for the County aforesaid duly commisioned (sic) and sworn to all whose acts as due faith & credit are and of right ought to be given throughout the United States or elsewhere.
In testimony whereof I have hereunto set my hand and affixed the seal of said Court at the City of Pittsburgh this 7th day of September, A.D. 1822
James R. Butler
I William Wilkins President Judge of the fifth Judicial District of Pennsylvania composed of the counties of Allegheny, Beaver & Butler—do certify that James R. Butler Esquire who has given the foregoing certificate, which is in due form of land, was at the time of giving said certificate and now is Prothoustary of the Court of Common Plea of the Court of Allegheny aforesaid to all whose official acts due faith & credit are deed of right ought to be given.
Witness my hand and seal this 7th day of September A.D. 1822.
September 9, 1822
The Commonwealth of Kentucky to the Sheriff of Bourbon County Greeting: We command you to summon John Shawhan to appear before the judge of our Bourbon circuit court at the courthouse in Paris on the first day of our (word illegible) November Term to answer a bill in chancery exhibited against him by William Pugh And this he shall in no wise omit under the penalty of one hundred pounds. And have there then this witness Thomas Arnold clerk of our said court at the courthouse aforesaid this 9th day of September 1822. In the 30th year of our Commonwealth.
March 7, 1823
The Commonwealth of Kentucky to the Sheriff of Pendleton County Greeting: We again command you to summon Daniel Shawhan to appear before the judge of our Bourbon circuit court at the courthouse in Paris on the first day of our next May Term to answer a bill in chancery exhibited against him by William Pugh And this he shall in no wise omit under the penalty of one hundred pounds. And have there then this witness Thomas Arnold clerk of our said court at the courthouse aforesaid this 7th day of March 1823. In the 31st year of our Commonwealth.
May 12, 1823
The amendment of a bill in chancery exhibited by Wm Pugh in the Bourbon Circuit court against John Shawhon & other heirs of Daniel Shawhon dec’d. Your orator would represent that since filing (several words illegible) to wit, on the 7th Sept 1822, he obtained from Isaac Williams & Nancy his wife, two of the def’ts named in the original bill & he as therein stated being one of the heirs od Dan’l Shawhon dec’d; a deed for their undivided seventh part of the tract of 130 acres mentioned in said bill; all which is made a part of this & the original bill. That by virtue of said deed your orator is now intitled to two-sevenths of said 130 acres of land. He therefore prays the def’ts be compelled to answer this and the original bill. That on a final hearing a division be decreed giving your orator two sevenths of the rent due by the def’t John. He prays in every respect as in his original bill & prays that the prayer thus as to the one seventh be extended to the seventh which he has amendment set forth.
Filed May 12th 1823
May 24, 1823
The separate answer of John Shawhan to a bill in chancery filed by William Pugh vs. him & all in the Bourbon Circuit Court—This respondent saving & reserving the benefit of exception to the many untruths & misrepresentations in sd bill contained for answer thereto or so mush thereof as he is advised is material says that it is true that a certain William Miller at an early date obtained a patent for 330 acres of land situated on the waters of Townsend in the present county of Bourbon which is filed and refered to herewith—But he denies that said Miller ever made sale of sd 330 acres of land to William Hoy or any other person for his use—or that the sale alledged in the Compl’ts bill from Hoy to Pugh Rankin & Bell ever took place—He states that he has heard it said many years ago that there was a claim set up by sd Pugh Rankin & Bell for sd 330 a. of land and being interested in a part thereof he has made diligent search in many offices of record & a general enquiry for ant title papers that might exist to show that there was a conveyance from the patentee Miller to said Rankin—but that he has totally failed in finding any proof whatever (concerning?) to establish that fact—with regard to the division of sd land this respondant knows nothing and (two or three words illegible) that there was such a division as set forth in the bill this respondant is unwilling to admit that the mere partition of land amongst strangers or persons not entitled should divest the pattentee of his title & vest in themselves—This respondant admits that his father Dan’l Shawan did purchase of sd Rankin & he believes gave him the sum of $200-or 60 pounds—for his claim to the 130 a. the whole of which sum was paid off by this Respon. Father in his life time which this respondant now owns and occupies—that this purchase was made in the year 1789--&his father settled thereon immediately and continued to occupy it untill his death in 1791. At that early date the land was considered of very little value and this Respd’ts coheirs looked upon the land or their small portions as being a matter of scarcely any importance the more especially as it was very doubtfull whether the claim held by their father was of any validity—Some years after the death of his sd father his sisters becoming of age & getting married he thought it advisable to purchase of them their interests and accordingly did obtain an instrument of writing from Eli Robinson who married Elisabeth Shawan the sister of this Respd’t & sd Elisabeth transferred all hir right to sd land dated 22nd July 1799 which is herewith filed & made part of this Ans’r marked "A" He also obtained a bond from Dan’l Shawan his brother to convey his interest to sd land which is also filed mk’d "B." And this respd’t states that he would have purchased the interest of the other heirs but that some short time after making the purchase of sd Robinson sd William Miller came to this Respd’ts house and informed him that the land on which he lived belonged to him sd Miller and threatened to commence a suit vs. him immediately. Sd Miller exhibited his title papers and stated that he had never transferred or conveyed sd land and there was no claim that could be set up by any person except himself—That as to the claim of Rankin it was worth nothing—But in as much as this respd’t was in possession & he did not wish to incur the trouble of a suit he would take £19.10 for the land which this respd’t after taking full and ample time to inform himself upon the subject by examining & enquiry into the validity of the claim concluded to give; and accordingly paid that sum & received a deed for sd land in his own name—having previously ascertained as he believes & now alleges that the claim under Rankin was entirely deficient—sd deed is herewith filed mk’d "C" & refered to as part of this ans’r—This respondant states that all his coheirs except Robinson & wife & Robert Shawhan & Williams & wife were living at or near the house of this respd’t at the time of sd deed was procured from sd Miller at that not one of them (although they & all them were fully cognizant of the contract & execution & delivery of sd deed to this respd’t) either participated in said contract or or objected to this respd’t receiving sd deed in his own name—That they were fully advised of the whole business—of the insufficiency of the afores’d bond from Rankin to their ancestor and that this respd’t was purchasing in his own name & right—This respd’t states that after the execution of sd deed it was universally admitted by all his brothers & sisters & their husbands that he was entitled to the Land and that sd Robinson (word illegible): of whom he had previously purchased had taken his bond for payment of a part of the money he agreed to give them for their portion & it has never been presented or payment required upon it as it was clearly & distinctly understood that it was utterly void for the want of consideration—That the residue of the heirs at that time and at all times since have recognized & universally admitted that this respd’t was justly & fairlyentitled to sd land by virtue os sd purchase from sd Miller; untill the Compl’t with whom this respondent has unfortunately been at issue for some time, fraudulently intending to injure & harrass this def’t procured a conveyance by misrepresentation to sd Robinson & wife Williams & wife: for a paltry consideration—This respondent admits that some land was cleared after the death of his father & prior to the purchase afores’d from Miller, but that it was done by himself & his brothers for the purpose of making bread for the support of his sisters & his mother—This respd’t denies that he was reimbursed by Rankin or (word illegible) in sum of 19 pound, 10 shillings which he paid to sd Miller as a consideration for sd deed—it is trice he called upon sd Rankin for a recourse upon sd bond but he absolutely refused & failed to make any reimbursement upon sd bond—It is admitted that this respd’t has occupied (and he alledges peaceably honestly & uninterrupted) this sd 130 a. of land ever since the marriage & removal of his brothers & sisters therefrom—And that he would have purchased from the residue of sd heirs as well as from Robinson & wife & Dan’l Shawan their supposed interest to land under sd bond from Rankin but the claim held by sd tenure was considered be & worth nothing as heretofore alledged—With regard to the dower claim of this Resp’ts mother he can only say that it has never been required by her or any other person that said dower should be (word illegible) of as she always considered that she had no claim for (word illegible) but that this respondent was entitled to the land in his own right—This respondent further states that he did some years after making the sd purchase from sd Miller make a verbal sale to his co-def’t Joseph Shawan of about 50 a. of sd land and that he resided thereon for 12 to 15 years & made some improvements—the sd Joseph became anxious to remove & this respd’t then purchased his improvements and paid him (two words cut off) consideration therefor—This respondent relies upon the statute of limitation and the statute of frauds & (perjuries?) as well as the broad & manifest equity of his case to prevent the interruption of the long peaceable & uninterrupted possession of his land & prays hence to be dismissed with his costs (word illegible)
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