Originally submitted by Barbara Ingram and published in the ECHGS
newsletter.
Used with the permission on the ECHGS
The depositon of B.F. Phillips taken at the examiners office of James M. Beatty in the town of Beattyville, Lee County, Kentucky, on the 15th day of July 1871, to be used and read as evidence in the behalf of the Defendant in a suit pending in the Estill Circuit Court, Wherein A.C. Kelly is the Plaintiff and Oliver Crawford and the Red River Iron & Mfg. Co. are Defendants.
Deponent being of lawful age and first sworn deposes as follows to wit: I am sixty six years old. i came to Estill County, Kentucky, in 1825. Went back to Virginia in November of same year then came back to said county in Kentucky in August 1826 and have lived here ever since. I became acquainted with Thomas Duckham, Valentine Crawford, Jacob Meadows, and John C. Mason soon after I came to Estill county, Kentucky. Ever since the year of 1826 or about that time Thomas Duckham claimed to be the owner of the John Caran patent and the land has been held under Duckam ever since and has never heard of any other claim asserted to it.
Thomas Duckham sold land in the Caran portion to a large number of persons and these persons and the Vendees have held the same undisputed ever since. Duckham and Meadows both told me that he Duckham had sold land to Meadows. The land sold to Duckham lies on the Sinking Fork of Millers Creek on both sides of said creek extending out northwardly from the creek so as to include the Cave Spring Branch, then with the highest cliffs around the Kentucky River until you come to a high pinnacle near the Old Landing, thence to a line known as the Salt Rock line which begins on the N9 West crossing Big Sinking and over to a corner near where Bird Cole now lives, thence running in such a way so as to include the land where James Smith now lives. Jacob Meadows was my uncle and I lived with him two or three years and heard him frequently talk about his lands. Meadows had a dwelling house there and cleared some three or four acres of land while he lived on it. The land has been occupied and claimed by Meadows and Vendees ever since to the present time.
I know that Meadows sold off parts of the boundry he bought of Duckham. He sold a part of the boundry to Elisha Estes in or before the year 1824 and it had been held occupied and claimed under Meadows up to the present time. This land I understand runs down to the Salt Rock line. I know it runs very near it, if not entirely.
Meadows sold all the land included in the Cave Hollow to Samuel Lance. There was an improvement upon said trait. William Estes built a house there as early as the year 1824 if not before that time.
Meadows built a mill on Big Sinking Creek below the mouth of Cave Hollow. There were other improvements made there, a house and blacksmith shop built and two fields cleared, also a stable, the stable was built and one of the fields cleared before the year 1825. The mill was run by Meadows and ground for the public up to the years 1833 or 1834 and washed away in the winter of 1834. I don't remember whether the mill was ever repaired or not. I know that Meadows sold all the balance of the land which he bought of Duckham to John C. Mason. I mean all except the boundry which he sold to Daniel Smothers which lies above the Cave Hollow.
John C. Mason paid Meadows in iron, some cast and some wrought and I helped Meadows work up the wrought iron. Mason told Meadows to stay there as long as he wanted to. However, when he left to put some man in charge to hold possession for him, Meadows left in 1833 and put me in possession to take care of the property for mason. I held it under and for Mason until 1834 when Elisha Estes wanted it, and produced to me a written order from John C. Mason that if I did not want to remain there longer I could let Estes have it. I did let Estes have the land. I suppose Estes remained there some two or three years. William Hatten came in next after Estes. Hatten told me he was under Mason. This land lies inside of the Caran patent. My memory does not serve me very well but I think well enough to tell it; that there was an agreed line between them.
Duckham died at my house and after his death I found among his papers a contract written agreement between them, signed by each of them and at the request of James H.C. Bush, a surveyer, who was to make a survey between James Cole and Valentine Crawford (I think they were the parties for whom the survey was to be made). I carred the instrument of writing to the --- in the salt rock and met said Bush and others who had come to run the line and gave him said instrument of writing. Bush then measured up the river a number of poles and then set his compass to run out the line, according to the written agreement. I then left him. I have heard Valentine Crawford say he did not claim a foot of land above the Duckham line. this conversation took place after they agreed for compromise, a line was made between Duckham and Crawford. Duckham's line was understood to be the Carnan line. Joseph Brandenburgh had lived near the salt rock within some two miles of there. He was a very old man. He lived there in 1825 and I don't know how long before. He is dead now. Gideon Ashcraft lived down on the river. He is now dead.
Statement by the plaintiff: My recollection is that John Hatten lived in the Cave Hollow some thirty years ago, or probably longer. Hatten left there about that time. William Hatten who I have heretofore spoken of lived at the mill, he left there some twenty odd years ago. Hatten lived there after Estes had left there. Hatten is the last men I know of living there under any particular person. I know that Reed and John Townsend lived on the land in controversy. I don't know who Reed claimed under. I never heard him speak of it. John Townsend told me that Mason and Valentine Crawford had both told him he could stay there as long as he wanted to. I am satisfied that it is over four miles on the line from the stack of the old Estill Furnace to the nearest point of the land in controversy.
I was acquainted with Valentine Crawford. He lived on Millers Creek from 1825 to the time of his death which was about the year 1859. He claimed to own the land where he lived from the time I first knew him to his death.
Statement by Phillips: There are several persons claiming and living upon farms between where Valentine Crawford lived and this land in controversy, and has been ever since 1825.
Signed B.F. Phillips
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