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Plaintiff
Jackson T. Jordan
Against Petitions in equity
Defendants
John P. Carter, John E. Holman
Jerry S. Jordan, Presley Smith
The Plaintiff Jackson T. Jordan states that Holman, Jordan & Brothers for the use and benefit of Plaintiff obtained a judgment against the defendant John P. Carter before C. Duff Esqr, an acting Justice of the Peace, within and for Barren County for the sum of $48. 14 cents with interest thereon from the 21st day of June 1860 and 85 cents costs of said judgment, He farther states that J. S. Jordan & Co for the use and benefit of Plaintiff recovered a judgment before C. Duff Esqr., an acting justice of the peace as aforesaid against the defendant John P. Carter for the sum of $7.35 cents with interest thereon from the 2nd day of February 1864 and 85 cents cost of judgment.
Plaintiff states that the firm of Holman, Jordan, and Brothers were composed of John E Holman, Jerry S. Jordan and this plaintiff and that the firm of J.S. Jordan & Co was composed of the defendants J.S. Jordan, H.M.Lewis and this plaintiff certified copies of said judgments and the proceedings therein had are here filed as part of this petition, Plaintiff states H. M. Lewis is now dead and that J. S. Jordan & Plaintiff states that he cause executions to be issued on said judgments directed to any constable of Barren County and whilst the same were in full force and effect be placed there in the hands of D. W. Hedgea duly qualified and acting constable within and for Barren County who returned the same to the office of E. Esqr in substance no property found.
Plaintiff farther states that in the year 1859 that Joseph Williams and others children and heirs at law of William Carter deceased filed this petition in then Barren Equity & Criminal Court for the purpose of selling the land which had descended to them from their ancestor the said William Carter and for a distribution of the proceeds of the sale of the land among the heirs at law of said William Carter the defendant John P Carter being one of the children and heirs at law of said William. Plaintiff farther states that there was a judgment of said court rendered at the term thereof directing a sale of said land and a distribution of the proceeds among the children and heirs at law of said William Carter decd, and that by an order of said court a commissioner was appointed to make said sale which was done for greater certainty the petition above mentions and all the proceedings had therein are here.
Referred to and made part hereof, Plaintiff farther state that the defendant John P Carter after the sale of said land and before the distribution of the proceeds thereof transferred his interest in that part of the proceeds of said land purchased by E. Smoot the land being sold as will appear by the report of the commissioners appointed to make said sale in two parcels. E. Smoot being the purchaser of one parcel. To his co defendant and brother in law, Presley Smith his interest in the proceeds of said sale being one ninth thereof the said William Carter at the time of his death left nine children and heirs at law, the said John being one of them. Plaintiff farther states that afterwards to wit that in the year 1863 the deft. John P. Carter transferred his entire interest in the estate of his father William Carter decd. To his co defendant Presley Smith which deed of transfer has been duly admitted to record in the clerk's office of the Barren County Court a certified copy of which is filed herewith as part hereof. Plaintiff states that the defendant John P Carter is indebted to him in the amount of the judgments above mentioned and was so indebted to this plaintiff before the transfer of his interest in the estate of his father to his co defendant Presley Smith.
Plaintiff farther state that the defendant John P Carter made the transfer of his interest aforesaid with the fraudulent intent to hinder and delay his creditors in the collection of their debts. He farther states that said transfer was made to defraud plaintiff and prevent the collection of his debts aforesaid. He states that the defendant John P Carter is hopelessly insolvent. He farther states that the defendant Presley Smith has not paid to his codefendant Carterthe consideration agreed to be given for the interest aforesaid. Wherefore he prays that the defendant Smith be enjoined and restrained from paying to defendant Carterthe consideration aforesaid on su March thereof as will satisfy and pay Plaintiffs claim aforesaid and the costs of this suit, and that the deed of transfer from defendant Smith be cancelled, set aside and held for naught and he prays for all other and proper relief.
Smith and Garnett for Pltff
Jackson T. Jordan says that he believes the statements in the foregoing petition are true
Sworn to before me by Jackson T. Jordan Jun 25 1864
J. T. Jordan (signed)
W. E. Munford, cl.
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