1848
Originally submitted to the ECHGS newsletter by Ed Puckett and used here with their permission
To the honorable Judge of the Estill Circuit Court in Chancery Sitting. Humbly complaining showth unto your orator and oratrix, Willis West, Nicholas West, Samuel West, Nancy Part late Nancy West and her husband Pleasant H. Park, William Swearinger and his wife Elize Swearinger, late Eliza West, Charles E. Powell and Lydia Powell his wife, late Lydia West, Jessee Clive and Minerva his wife, late Minerva West, and James West, that on the day of the 18th, Samuel West departed this life in the state of Indiana Intestate leaving your complainants, his children and Heirs-at-law together with john Tipton and his wife Sally Tipton late Sally West, john W. Reynolds and Lucy Reynolds his wife, late Lucy West and Tinsley West and Reuben S. Tipton and his wife Elizabeth Tipton late Elizabeth West and Hiram West who is now dead, leaving ten children all of whom are infants except the first named towit: William West, Samuel West, James West, Sidney West, Simpson West, Nicholas West and Willis West, the other three names are unknown and they said Hiram West's children are all non-residents of Kentucky and residents of Indiana.
Your orator and oratrix further show unto your honor that said Samuel West send Deed at the time of his death was the owner in fee on seven hundred acres of land situated lying and being in the County of Estill, Kentucky and within the jurisdiction of this Honorable Court, said land is situated on the headwaters of Cow Creek and the same whereon the said John Tipton now resides and the same place the said descendant moved from when he left the State of Kentucky. They further charge that the said John Tipton has been in the possession of the said land for about eleven years under said descendant with a promise to account for and pay a reasonable rent, but the same was not in writing, but they charge that since the death of descendant he holds the land aforesaid, claims it as his own and refused to account for or pay the reasonable rent or surrender the possession of any part of the land to your orator or oratrix, although after requested so to do he refused to make partition and division of so land according to law, but witholds the possession from your orator and oratrix and has committed great waste upon said land. They further charge that said land has been worth one year with another as rent $30.00 since the said Tipton came into the possession of the same. They pray your honor to take cognizance of their case and grant unto them appropriate relief. They pray that the said John Tipton and Sally his wife, john W. Reynolds and Lucy his wife, Tinsley West and Reuben S. Tipton and Elizabeth his wife and aforesaid named persons, children of the said Hiram West and the unknown Heirs of said Hiram be all made defendants to this Bill.
The allegations hereof and on a final hearing they pray that said John Tipton be compelled to account for the rents of said land and the waste committed by him. They also pray a partition and division of said land among the several Heirs of said descendant according to the rules of equity, they could however prefer a sale of said land as they are satisfied it would rebound to the interest of all the Heirs to have the same sold and they therefore call on the said Defendants to say whether they will consent to a sale of the same and on hearing, they pray for general relief.
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