Mrs M.J. KING & her husband, G.A. KING, plaintiffs vs G.W. JOHNSON, defendant. Petition in Equity The plaintiffs M.J. KING and her husband G.A. KING state that Leah B. JOHNSON died intestate in Logan County KY and left as her only heirs-at-law, her full brother G.W. JOHNSON and her half sister, the plaintiff, Mrs M.J. KING.
They say that the said Leah JOHNSON owned at the time of her death a 1/2 undivided interest in about 105 acres of land in Logan County KY 1 1/2 miles East of Adairville, KY on the waters of Red River and bounded as follows: On the West by the Adairville and Bowling Green road, on the South by the lands of A.B. ROBERTS, on the East by the lands of William MASON and the North by the lands of G.W. JOHNSON; all of the above described land was devised by S.M. JOHNSON to Mary A. JOHNSON who died several years since with remainder to Leah B. JOHNSON
They say that after the death of Mary B. JOHNSON, Leah B. JOHNSON, on the 12th day of December 1890, conveyed a one half undivided interest in said land to the defendant G.W. JOHNSON. They file as part hereof the will of S.M. JOHNSON and the deed of Leah B. JOHNSON to G.W. JOHNSON, marked respectively "A" & "B". The plaintiffs say that said exhibits show that Mary J. KING, being the half sister of the defendant Leah B. JOHNSON is entitled to a 1/3 interest in said land owned by said decedent or a 1/c interest in the above described tract of land and that she is entitled to have said land divided and her portion allotted to her. Whereupon plaintiffs pray that Commissioners be appointed to divide said land between the plaintiff, M.J. KING, and the defendant, G.W. JOHNSON - alotting to the defendant 5/6 of said land and to the plaintiff M.J. KING the remaining 1/6 interest - due regard in said division and allotment to be had to the quality of the land and the improvements thereon.
They further pray that the costs of the division be divided between the parties hereto in proportion to their respective interests and for all proper and equitable relief.
J.B. GRUBBS, Atty for plaintiffs

M.J. KING & her husband G.A. KING, plaintiffs
vs
G.W. JOHNSON, defendant
Amended Petition
Now came plaintiffs and by way of amendment to their original petition state that at the instance of the defendant proceeding were suspended in this action, he suggesting and agreeing that the County Surveyor and two other parties one to be named by himself and one by the plaintiffs, should go upon the land described in the petition and make partition of the same, giving to Mrs M.J. KING, one of the plaintiffs, one sixth in value of said land, and the remainder to himself - it being further agreed and understood between the parties that when said allotments were made that each party by proper conveyance to the other would ratify the action of said Commissioners.
They say that on the day of November 1895 W.G. NOURSE County Surveyor and W.S. GAMBILL selected by plaintiffs and J.D. HERRING selected by defendant met upon said land and acting under the written agreement signed by the parties hereto and which is filed as part hereof made the following allotment to the plaintiff M.J. KING: Beginning at a rock on the East side of the Bowling Green road corner to A.B. ROBERTS and wife running thence with their line S86 1/2 E 13 42/ chains to a rock corner to said ROBERTS and wife thence N86 W13 64/ chains to a stake in said road, thence on the East side of said road S1 2/3 W11 52/ chains to the beginning containing 15 A 2R & 10P. Said Commissioners also allotted to the defendant the residue of said land and the parties hereto accepted and ratified the action of said Commissioners and executed and delivered to each other deeds to the respective allotments which deeds are now of record in the Logan County clerk's office and will be filed if demanded by the Court.
Plaintiffs say that they are advised that defendant's deed to the plaintiff M.J. KING did not confer upon her a perfect title to said land for the reason that in the lifetime of Leah B. JOHNSON, the defendant, mortgaged his undivided one half interest in said 105 acres of land first to the Bank of Adairville for a large sum of money, that all or part of said debt is still unpaid and afterward to secure a loan from J.D. HERRING for about $600.00 he again mortgaged said one half interest to the said HERRING. They say that there mortgages are a lien upon the title and that the same cannot be sold until the said mortgage liens are released. They say that in violation of the agreement, defendant refused to and still refuses to procure the discharge of said liens upon plaintiffs allotment aforesaid and has requested and directed said mortgages to refuse to release their liens upon any part of said land. Plaintiffs further say that the defendant has sought by all the means at his command to injure the interests of the plaintiff M.J. KING and by his refusal to procure the cancellation of the aforesaid liens has defeated her in her efforts to sell and convey her land to her damage in the sum of $100.00.
Wherefore they pray that the allotments made by the Commissioners be confirmed by the Court that the Bank of Adairville and J.D. HERRING be made defendants in this action and he required to release their liens if they have any land alotted to the plaintiff M.J. KING or to foreclose their liens upon the land allotted to the defendant for a judgement for damages against the defendant for the sum of $100.00 and for all costs including a reasonable attorneys fee and for such other equitable and general relief as the plaintiffs may be entitled to.
J.B. GRUBBS atty for plaintiff

Mrs M.J. KING and her husband, plaintiffs
vs
Demurrer, Answer, and Counter Claim of G.W. JOHNSON, defendant
Now comes the defendant G.W. JOHNSON and demurs to plaintiff's petition and states and says that said petition does not contain any statement of facts sufficient to constitute a cause of action against this defendant and of this he prays the judgement of the Court.
(1) For answer, the defendant states that while it is true that he and the plaintiff Mary J. KING are the owners of the land mentioned and described in the petition, yet that said land is not capable of being divided without material injury to its value, that owing to the shape of same, and to the manner in which the boundary lines run and the location of said land to the points of the compass, to divide same would so greatly injure the value as to be greatly detrimental both to the interests of plaintiffs and defendant. He states, therefore, that said land should be sold as a whole and the proceeds thereof divided in the ratio as follow, to wit, 5/6 thereof to this defendant and 1/6 to the plaintiff Mary J. KING and he makes this answer a counterclaim against said plaintiff and prays for the sale of said land and for the division of the proceeds according to the respective proportions hereinbefore alleged.
(2) Further answering the defendant says that subsequent to the death of Leah B. JOHNSON, the intestate, to wit, at the ___ term of the Logan County Court by order of said Court duly entered this defendant was appointed the administrator of said Leah B. JOHNSON and that he thereupon executed the bond required by law, took the oath of office, and is now discharging his duties as such administrator and he says that his said intestate owed at her death considerable debts and that her funeral expenses have never been paid and that she has not sufficient personal estate to discharge her said indebtedness and that the sale of the real estate hereinbefore mentioned is necessary for that purpose, to wit, the entire real estate that, that is to say, of the said Leah B. JOHNSON the 1/2 interest of the said intestate in the 105 acres mentioned in the petition. He therefore prays that this cause he referred to the Master Commissioner of this Court with directions to marshall the assets and audit the indebtedness of the said estate and make due report thereof to this Court and upon the hearing of this case he prays for the sale of said real estate for the purpose aforesaid. He makes this answer a counterclaim against the said Mary J. KING and her husband G.A. KING both by himself as an individual and as administrator of the said Leah B. JOHNSON. He also asks that he be made a party defendant hereto in his trust capacity. He prays for an allowance for his costs both as an individual and in his trust capacity, including his attorney's fees, and he prays for demurrer of plaintiff's petition for his costs and all proper and equitable relief. The affiant G.W. JOHNSON says that the statements of the foregoing answer and counterclaim are true. Subscribed and sworn to before me by G.W. JOHNSON this September 2_, 1895.

-------made and entered into Aug 7, 1895 by defendant G.W. JOHNSON of Adairville KY and G.A. KING of Nashville, Tenn witness that whereas the will of S.M. JOHNSON deceased formerly of Logan County KY is of doubtful meaning and the claim of G.W. JOHNSON and the wife of G.A. KING thereunder are in dispute the said JOHNSON claiming to be entitled to all the property left by Leah JOHNSON dec'd, the sister of said G.W. JOHNSON, who was the sole desire in remainder under said ___ and the wife of said KING claiming to be entitled to one third of said property by reasons of being the half sister of said Leah JOHNSON who died intestate in Logan County KY in July 1895 and whereas the property in controversy consists of about 52 acres of land in Logan Co KY or an undivided interest of one half in 104 acres and also a house and lot in Adairville KY and said JOHNSON and KING are the only persons claiming any interest therein and both of them are anxious to have their respective rights settled without expense or delay, now therefore in consideration of the premises said G.W. JOHNSON and G.A. KING the latter acting for his said wife, hereby bind and obligate themselves to submit to Judge Willis L. REECE for decision and questions arising under said will and affecting the rights of the parties concerning said property and we hereby agree to accept this answer or decision as final and conclusive. It is further agreed that upon the finding of said Court we will execute deeds to each other conveying whatever interest each may have in said property - that is, each shall receive from the other a deed to his or her share in said property as decided by said REECE.
Signed,
G.A. KING Agt for Mrs M.J. KING
G.W. JOHNSON

Mrs M.J. KING et al, plaintiffs
vs
G.W. JOHNSON, defendant - Order
On motion of plaintiffs it is ordered that the defendant G.W. JOHNSON be required to appear in person in this Court on the 7th day of its present term and disclose the character and value of the personal estate in his hands as administrator of the estate of Leah B. JOHNSON and the amount of debts owing by said estate.

Summons in Equity-KY Circuit Court
The Commonwealth of Kentucky to the Sheriff of Logan County: G.W. JOHNSON, the Bank of Adairville and J.D. HERRING - on the first day of the next February term of the Logan Circuit Court amended petition in equity filed against them in said Court by M.J. KING and her husband G.A. KING and warn them that upon their failure to answer, the petition will be taken for confessed, or they will be proceeded against for contempt and you will make due return of this summons on the first day of the next February term of said Court.
Witness my hand as Clerk of the Court aforesaid this 14th day of January 1896
H.L. EVANS, Clerk

Copy of S.M. Johnson Will - 1879
pg 104) I, S.M. JOHNSON a farmer of Logan County State of Kentucky make this my last will. I give devise and bequeath my estate and property, real and personal, as follows, that is to say: That after my just and honest debts are paid I bequeath to my wife Mary A. JOHNSON all my property both real and personal including land, stocks, bonds, cash, notes & all other property of which I may be possessed at my death during the term of her natural life, and at the death of my wife Mary A. JOHNSON I bequeath to my daughter Leah R. JOHNSON and her children, all the property that I have willed to my wife except five dollars which amount I will to my son George W. JOHNSON he having received his part of my estate before this date, and I hereby appoint George A. KING a farmer of Logan County Executor of this my will.
In witness whereof I have signed and sealed and published and declared this instrument as my will, at Adairville this twenty eight of November One Thousand Eight Hundred and Seventy One.
S.M. JOHNSON
The said S.M. JOHNSON at said town of Adairville County of Logan on the said twenty eight day of Nov One Thousand Eight Hundred and Seventy One signed and sealed this instrument and published and declared the same as and for his last will and we at his request and in his presence and in the presence of each other have hereunto written our names as subscribing witnesses.
S.C. GOOCH
C.L. TISON

Declination of George KING
I hereby decline to qualify as Executor of the foregoing being at present a non resident of the State of Kentucky this 28th day of July 1879.
George A. KING
State of Kentucky, County of Logan
At a County Court held for Logan County at the Courthouse in Russelville KY on Monday the 28th day of July 1879 the foregoing instrument of writing purporting to be the last will and testament of S.M. JOHNSON deceased was produced in open Court and proven by the oaths of S.C. GOOCH and C.L. TISON the subscribing witnesses thereto to be the act and deed and last will and testament of said decedent whereupon the Court ordered the same to be recorded as the true last will and testament of said S.M. JOHNSON deceased, which together with this certificate has been duly recorded in my office. Given under my hand as Clerk of said Court, this 15 day of August 1879.
Jno G. ORNDORFF, Clerk
By E. A. HAIL, D.C.
A copy
attest: M.B. MORTON, Clerk
By C.R. REID, D.C.

Court Trial Costs

Notes:
1. Demurrer - An allegation of a defendant which admitting the matters of fact alleged by complaint or bill (equity action) to be true, shows that as they are therein set forth they are insufficient for the plaintiff to proceed upon or to oblige the defendant to answer, or that, for some reason apparent on the face of the complaint or bill or on account of the omission of some matter which ought to be contained therein, or for want of some circumstances which ought to be attendant thereon, the defendant ought not to be compelled to answer. - Black's Law Dictionary


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