John Ross vs. John Hunt, Sr. and Basil Hunt, Fleming Co., Ky

Besides, the summons, this was all that was included in this suit.  No mention was made of a settlement.

Fleming Co., KY Circuit Court

Case #215

John Ross

Ag  } Bill

J & B Hunt

To the Honble the Judges of the Circuit Court of Fleming siting in Chancery. Your orater John Ross Humbly Shows

That Some time ago a certain John Hunt Senr & Thomas Flowers made a Covenant with John Crittenden by which they purchased of the said   Crittenden a large quantity of Land situate in different parts of this Comonwealth, that by Some fraud or other Circumstance unknown to your orator the said Crittenden vacatio? the said Contract and by the decree of the Court of Chancery the said Hunt & Flowers were order'd to reconvey the premises to the said John Crittenden; that after this decree of Cancell went had pas'd, the said John Hunt Senr Who your orator prays may be made a deft to this Bill proposed? to Sell to your orator one thousand acres of the Land which he said he had purchased of Crittenden & Concealed from your orater the decree which had cancell'd the agreement between himself & Crittenden that your orater purchased the said 1000 acres of Land from the said John Hunt & received the Bond of the said Jno for the Conveyance thereto which will on a proper occasion be here to annexed; your orator shows farther that he assigned to the said Hunt in payment of the Land a bond held by your orater on a certain Benjn Lodges for the Sum of two hundred & fifty pounds p-?- money with fifteen years Interest thereon with a Credit for the -?-  of three hundred dollars.  Your Orater Shows farther that the said John Hunt the Deft, is notoriously insolvent & that he has long been in the habit of making sales of Lands & their property to which he pretended title & as soon as he received any thing for such sales transferring the property received to Some of his sons, by which means the unguarded purchaser became compleatly defrauded of the price given, because the said John the Deft care fully avoided holding any thing which could be subject to Ex in [abbreviation for Execution?] and the son to whom his property was transfer'd  pretended to be ignorant of the fraudulent practices of his father & to be a fair purchase of the property at an adequate price;  Your orater Shows further that the said John Hunt the Deft in pursuance of hi Same practise -?- transfer'd the bond to his son Lewis Hunt who again transfered the bond to Basil Hunt for a trifling consideration -?- intended as a cover to the fraud than as a fair & adequate Consideration, and your orater expressly charges that both Lewis Hunt (who is since dead without issue or Exor) & Basil Hunt both at & before the times of the transferaforesd to them had compleat notice that the contract between their father & Crittenden was sissolved that the bond on Lodges was procured from your orater by a pretended Sale of a part of the Said Land & that nothing Could ever pass to your orator by the Said purchase and also that their father was perfectly insolvent & as your orater believes intended to remain so.  Your orater Shows farther that he has repeatedly applied himself to the said Basil Hunt (who he prays may be made a deft to this Bill) to cancel the said agreement and restore to him the Bond on Benj Lodges.

But now to it is may it -?- -?- -?- that the said Basil Hunt Combining himself to & with the other deft John Hunt Senr & other unknown but who wen discover'd he prays may be the -?- defts with apt words to charge them refuses to restore to your orater the bond aforesd & cancel & annul the said bargain, but gives out in speches that your orater may seek his remedy against the said Deft John Hunt who he knows is insolvent  All which actings and doings of the said Deft's are Contrary to Equity & lead to your orater -?- .  In -?- Consideration of Which and a s your orator is with out remedy at Common Law & can only be relieved in Equity where matters of this kind are only and properly Cogurzable?.  To? the End therefore that the said Defts may on their -?- Oaths & full true and perfect and -?- make to the promises or fully as if -?- repealed & interogated, May it please your Honors by your decree to nullify & Cancell the said agreement between your orater & the Said John Hunt Senr & order the said Bon on Lodges to be restored to your orater; and that if the Said Basil Hunt has received any of the moneys from the said Lodges or his Exors or represtatives or has made any adjustment of the debt by the receipt of other property, such other property order'd to be deliver to your orator, or the said Basil Hunt be decreed to acc [rest of the word missing-ragged paper edge] with your orator to grant is may be

Conferable to Equity & Suitable to your orators Case, & to grant to yr. Orator the writ of Spa? to the said Defts Basil Hunt & John Hunt Senr. to be decreed Commanding

&c & yr orator

Alex r K. Manshale?

        for the Compt?

Submitted by Bobby Hunt