Some Fayette and Montgomery County Depositions
County Records, Vol. I. Michael Cook, CG and Bettie A. Cummings, CG.
Petition recites: On December 11, 1782, a certain WILLIAM HOY, since deceased, made entry as assignee of ROBERT RODES for 3,000 acres of land on a treasury warrant No. 8239, adjoining EDWARD WILLIAMS preemption on Lulbegrud creek...said entry was made in pursuance of agreement made October 4, 1782 between your orator, said William Hoy, and LAWRENCE THOMPSON, by which they agreed to enter the land in partnership. A considerable quantity of lands were entered by them in partnership, and the said Thompson has obtained a division and allotment of his part and the residue belongs to himself and the heirs of William Hoy; that a survey has been made on said entry but no patent has yet been obtained. A certain JOHN MEANS has settled on said land under title from your orator and said Hoy’s heirs. NICHOLAS PROCTOR, on January 23, 1783, made entry as assignee of REUBEN PROCTOR for 500 acres by virtue of treasury warrant No. 8601 and has surveyed same contrary to location and so as to interfere...and assigned same to WILLIAM HOLLAND, and patent issued September 20, 1787, and said Holland sold same to JOHN MILLER and CHARLES GILKEY. Prays relief… J.HUGHES for complainant.
p.797, Abstract of agreement dated October 24, 1782, WILLIAM HOY, LAWRENCE THOMPSON and JAMES McMILLION. ..joined in partnership in locating and rendering lands on north side of the Kentucky River...and shall be and continue in partnership until the lands are entered and surveyed, also each partner shall bear an equal expense arising from the said partnership...and said lands shall be equally divided by lot, if they cannot agree otherwise when surveyed...neither of the partners shall make any discovery to any person whatever, nor enable any other person that they may enter under penalty of forfeiting all right...and shall forfeit 1,000 pounds specie... “We do certify the within is a true copy of the articles lodged with Mrs. CALLOWAY by the persons within named. Given under our hands this 25th June 1792.” (Signed) RICHARD CALLOWAY, JOHN CALLOWAY.
p.799, Defendant filed general answer, by H. CLAY, attorney.
p.803, Deposition of JILSON PAYNE (taken at a spot: in Montgomery county on Apri1 18, 1804, before WILL O’REAR and AARON HALL): Sometime in 1792 he saw an old cabbin or apart of one, standing within about 20 yards of this spot and the large timber which stood on about one acre of ground was deaded which cabbin and improvement he supposes (from testimony of others) was made by TUMBLESTONE and Company and said improvement stands on ridge between head waters of Hingston and the head waters of the north fork of Lulbegrud. I do not know of my own knowledge who built the cabbin. To the best of my recollection, EBENEZER CORN Swore that Tumblestone and company built the cabbin. It is about six or seven miles eastwardly to CHARLES MORGAN's beginning corner.
p.803, Deposition of NICHOLAS ANDERSON (taken in his own house in Montgomery County on June 8, 1804, before WILL O’REAR and AARON HALL): Himself, WILLIAM CALK, JOHN HARPER, EDWIN WILLIAMS and others in the year 1779 and he thinks in the month of June, were out making improvements and there was by said company an improvement made by blazing and, marking a cherry tree and building a cabbin for SPENCER REED, on a small creek and the said creek was then called Spencer creek and has been known by that name ever Since. A branch of this creek heads up toward Edwin Williams' place.
p.804, Deposition of JOHN HARPER (taken at the house of NICHOLAS ANDERSON in Montgomery County on June 8, 1804, before WILL O’REAR and AARON HALL). He was a member of the company named in the deposition of Nicholas Anderson and after we had built the cabbin, Mr. Calk said "we'll call this Spencer creek" and I have known it by that name ever since, and never heard it called by any other name since that time. Question by plaintiff: Was not the creek now called Spencers creek called and thought to be the waters of Hingston by the inhabitants of Boonesborough from the year 1779 as late as the year 1783? Answer: When we talked about it, we called it so, and thought it was; Spencer creek lies eastward of what is known to be Hingston. Question: Was Edwin Williams ever in Kentucky before the year 1779? Answer: He was not to my own knowledge, or from the information of any other person. Question: Where did he reside from the time of his removal to Kentucky in 1779 until he settled on his preemption on the head of Lulebgrud? Answer: At Boonesborough only about two years, he lived about one and one-half miles below. Question: Was you not often in company with Edwin Williams on Spencer's creek and other creeks to the eastward from the time of his improvement on the head of Lulbegrud until the year 1783? Answer: Yes.
Question by A. HALL: Did you ever know of hear these waters alluded to above to be called Small mountain creek? Answer: From the little mountain up, we called it Small Mountain, and branches that put in below, we thought to be Hingston waters. Never heard Spencer creek to be called Small Mountain creek's waters.
p.805, Deposition of EBENEZER CORN (taken at the house of NICHOLAS ANDERSON in Montgomery County, on June 8, 1804, before WILL O'REAR and AARON HALL): That sometime in the year 1776 Tumblestone and company built a cabbin within the present plantation of JILSON PAYNE on waters now called Lulbegrud, near the head of a branch and on the west side thereof. He being one of the company.
p.805, Deposition of JOHN PLEANKENSTALVER [written Pleak and Stalver] (taken in Montgomery County on January 29, 1805 before WILL O'REAR): In the year 1779 he heard EDWIN WILLIAMS, NICHOLS ANDERSON and JOHN HARPER say they had made three improvements, one for each of them, on a dividing ridge near the headwaters of Hingston on Little Mountain creek. Question by complainant: Have you not ever since the year 1779 heard Edwin Williams improvement generally spoken of by hunters as a place of notoriety? Answer: Yes, and I never heard any other place called Edwin William's improvement except this one. Question: Do you know that Williams did or did not build any other cabbins but this? Answer: I knew him to build one at Boonesborough for his use for his family but I do not remember ever hearing that he built any other.
p.806, Deposition of AMBROSE COFFEE (taken in Montgomery county on January 29, 1805, before WILL O'REAR and AARON HALL): In the year 1779 I became well acquainted with Edwin Williams, John Harper and Nicholas Anderson in the latter part, and in the beginning of the year 1780. I had frequently heard them say that Edwin Williams has built a cabbon in headwater of Little Mountain or Hingston creek. Sometime in the year 1780, being in the woods and came to this place where Edwin Williams and his son DANIEL WILLIAMS and John Harper and myself lodged in said cabbin reported to be said Williams cabbin and said Williams told me that he had built said cabbin, likewise the company that was present told me the same, and I never heard that said Williams ever built any other cabbin in order to procure land by but this one and it was a place of notoriety used by hunters.
p. 806, deposition of JOHN McGUIRE ( taken in Montgomery , County on January 29, 1805 before WILL O'REAR and AARON HALL): About the year 1781 he was informed that Edwin Williams had built a cabbin between the head of Small Mountain and Lulbegrud creeks, and have known it as a place of notoriety from that time. I never heard that Edwin Williams had built any other cabbin on these waters. I did not become personally acquainted with it until about February 1785.
p. 807, Deposition of PRESLEY ANDERSON (taken at a place of Edwin Williams' improvement in Montgomery county on March 8, 1805, before WILL O' REAR, a single magistrate): In January of the year 1785 deponent and others camped at this place and deponent and company set out from this place in search of vacant lands, having some land warrants to enter. After we had got, we supposed, two or three miles from this place we stopped and CHARLES MORGAN asked how far we supposed we were from Edwin Williams' cabbin and the deponent answered, he supposed two or three miles, and Morgan said he would wish to go no further before he made any entry, for Col. McMILLION had informed him he had a large entry of about 3,000 acres lying on east side of Edwin Williams; then we went on till we came to the glade where Captain HAMMON now lives and then we camped. Then Morgan asked again, how far we were from Williams' cabbin and the company supposed we were seven or eight miles, and Morgan said, we were far enough, and that he would then begin to enter - I well remember JOSEPH PROCTOR had an entry to adjoin the- corner of that beginning. I had heard this place spoken of by hunters who resorted in this part of the country in the year 1780.
p.808, Deposition of EDWIN WILLIAMS (taken at his own improvement in Montgomery County on May 9, 1804, before JACOB COONS and WILL O'REAR): On June 6, 1779 deponent, JOHN HARPER, NICHOLAS ANDERSON and others came from Boonesborough to this place and the company assisted him in building a cabbin at or near this place, where a stone is planted marked e.w.c. on one side and 96 on the other side, and a small distance away is a large poplar stump marked e.w. and the number 400 marked with marking irons, and when we finished our route in this quarter he left a pair of wedge irons and a pole ax in a hollow hickory not more than three or four poles from this place; there they remaining till January 1783 , then we had to cut the hole longer - it had grown up so, to get the tools out. Deponent made no other improvement at any place in this country that he claimed land on. This branch was the dividing line between John Harper and myself by our agreement.
p. 809, Deposition of NICHOLAS ANDERSON (taken at the improvement of Edwin Williams in Montgomery County on (May 9, 1804 before JACOB COONS and WILL O'REAR): In June 1779 he came to this place with WILLIAM CALK, John Harper, Edwin Williams and others, I think on the 6th day of June, and after getting here the company proceeded to improve their places and Edwin Williams chose this place and built his cabbin at or near this spot and John Harper chose the other side of the branch and the branch was to be the dividing line between them, and after they had got to work, Mr. Calk asked me if I would go with him to look at his place, and when we returned they had built their cabbins, split their rails, fenced in their ground, "and planted their corn, and I never knew Williams claimed any other ground by improvement. Deponent recollects to [have] seen the tools mentioned in the deposition of Edwin Williams, to be put in the hollow hickory tree.
p. 810, Deposition of DANIEL WILLIAMS (taken at the improvement of Edwin Williams in Montgomery County on May 9, 1804 before JACOB COONS and WILL O'REAR): He thinks in the year 1783 and in January, he and others came to this place and that he assisted in getting the wedges out of the hollow tree mentioned in the depositions of Edwin Williams and Nicholas Anderson, which he knew to be the wedges that Edwin Williams brought to this country by the letters 'e.w.", that he, the deponent, had helped put on them. Deponent did not know of his own knowledge that Edwin Williams had put the wedges in the tree in June 1779, but only by information of Edwin Williams and his company. I believe he did for I assisted in taking them out of the tree. My father deeded 100 acres of this land to me some years ago. I parted with the land for a consideration and if it is lost or taken away by a prior claim, I am to return the money without interest by obligation.
p.814, Map showing place where Edwin Williams' cabin stood; John Harper's cabin, Nicholas Anderson's cabin, South Fork, Harper's fork, Payne's fork, Schools fork, Calk's fort, small "Mountain creek, Spencer creek, Lulbegrud creek, William's fork, WILLIAM HOY' s improvement, NICHOLAS PROCTOR' s improvement and the dividing ridge between Lulbegrud and Small Mountain creek.
for Complainant; appealed.