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Kelsey N. Harris vs. Samuel K. Friend From Winnie’s Trunk Notes for the first two documents. The handwriting was horrible. He never crossed a T or dotted an I. He spelled as he spoke. Sometimes it appears the business was Hatershop, Hattershop, or Haltershop. I never could ascertain which it was. Parts of the documents are missing, mostly at the bottom edge, last line, or the side edges. There is enough however, to fully understand the suit and the outcome. K Bill of Complaint, 24 February 1832 To the Hon’ble James (?) W. Robbins, Justice of the Eleventh Judicial Circuit on Chancery Billing. Humbly complaining your orator Kelsey N. Harris respectfully represent that a judgment was obtained in the Floyd Circuit Court against on Samuel K. Friend for the sum of $51.50/100 also $5.81 ½ costs an exclusion was issued on said judgment on the 7th day of December eighteen hundred and thirty one for the amt. Of sd judgment except $8.61 on sd ___ credited which had been returned & no property found in my bailiwick which I can make the within or any part ____?. Yr. Orator charges that the sd. Execution has been transferred to Thomas Wallace by one Jonathan Fitzpatrick who was the plaintiff in the execution referred to, and from the said Thomas to yr. Orator all of which will more fully appear by the execution mentioned previously in thy yr. Orators bill. Yr. Orator prays yr. Honor to make the proceedings at common cause (?) a part of the bill which together with the execution will in due time be filed. Your orator would respectfully represent that the said Samuel has now equitable title to a town lot in the town of Prestonsburg designated and known by lot No. ____(left blank) which has a small dwelling house upon the same and is the same where the said Samuel now lives. Your orator charges that the said Samuel K. friend purchased the said lot & house of the Solomon Deroset who has now departed this life, and that the said Samuel has since paid the administrator of the said Derosit the full amount for which the said Samuel was owing for the house & lot and a haltershop which yr. Orator charges that the said Samuel has the entire equitable interest in the same together with a small piece of land on which the haltershop stands which he also purchased of Derosit (?). Yr. Orator charges that the said Samuel Friend has made a fraudulent transfer either by a deed or title bond of the house and lot, the Haltershop & the ground on which stands &c. to his brother Charles W. Friend shortly after the said Charles immigrated to this country, who yr. Orator charges that but a few months previous the said Charles had taken the insolvent oath in Virginia, yr. Orator charges that the said Samuel had declared that he had and was agoining to put all of his property out of his hand for the purpose of evading the payment of this debt. Yr orator would further respectfully represent that the said house and Haltershop lot was leined (?) over by the Shff of Floyd County by an executor & said Samuel and yr. Orator became the purchaser of the same for the sum of $8.6 ¼. Yr. Orator charges at the time of the sale before mentioned he ____(?) under the belief from the fraudulent & representations of the said Samuel that the legal title is as __? Him, as Yr. Orator is advised that the sale af’d. is not binding in law. Yr. Orator prays that yr. Honor may decree that the af’d. property may also be subjected to this yr orator demand last mentioned but no to it may please your orator that the said Samuel has totally refused to pay yr orators demand, but has evaded the payment hereof and all such actings and doeing by the said Samuel & Charles who are prayed to be made Defts to this bill are contrary to equity and good conscience and lend to the manfiest injury & opresion of yr orator. In tender consideraton wherefore & as much as he is remendly (?) at law & can only be relived in a court of equity where frauds are detected, and in the end justice duly administered, and to the end therefore that the said Samuel & Charles may answer on their oaths the allegations of this bill as if they were again interrogated. Yr. Orator prays that the said Samuel & Charles may answer this yr orators special interrogatories first – whether the sale and transfer of the house and lot and the hatershop so as not made for the purpose of avoiding of the payment of the said Samuel’s debts? What was the consideration given by the said Charles to Samuel for the house and lot and hatershop? In what was the price paid in? And how & when was it paid? Has not Samuel remained in the possession of the property ever since? Did not the sd Samuel state that he had put his property all out of his hands to keep from paying a certain debt? At the time of the transfer to Charles was not the said Samuel very much in debt? And did Charles declare after taking the transfer of the property that he had done it for the purpose of securing himself for a debt due Jacob Mayo? And has not the said debt been fully paid up by Samuel to sd Mayo? And was not the whole sale a fraudulent one? Yr. Orator prays that Thomas Stratton & Jonathan Fitzpatrick and Jacob Mayo the admr of the Estate of Solomon Derositt, Clarinda Derositt the widow of the said Solomon, Elizabeth, Zarilda & Amasetta heirs at law of the said Solomon may be made defts to this bill, and that may answer the allegations of this yr. Orator’s bill. And that the said Elizabeth, Zarilda and Amasetta infants by their guardian ad litem appointed by this writ for that purpose answer the allegations of the bill yr. Orator prays that the house & lot & Hatershop may be subjected by decree of the honable court to give orators demands heretofore sealed – yr. Orator prays an injuction aft. The said Samuel & Charles restraing them in any wise selling and disposing of the said property unti the matters herein alleged can be heard in this Honble Court – prays general relief in the primary – prays Commonwealth unto ___? & commanding the defts to appear answer & in duty bound will ever pray. /a/ Harris for Complainant Supplemental Bill of Complaint The supplemental bill of Kelsey n. Harris complt. Aft. Samuel K. Friend &c. Makes and charges that since the commencement of this suit one of the defts in yr orators original bill to wit: Clarinda Derositt has intermarried with one John Waldick who he prays may be made a deft to this bill and to answer &c., your orator further charges that the note exhibited by the sd Charles upon the said Samuel for $70 purporting to be executed by the said Samuel in the year 1821 has been made and executed since the commencement of this suit in this Honble court- as most manifestly appears not only from the force of circumstances surrounding this whole transaction, but from the impress that the notes bear on its face which evidently shows it to be new paper, and that it has been rubbed and worn in order to make the same have the appearance of age, your orator calls the ____? Attention of the Honble Court to my part of the this whole fraudulent transaction is your orator charges – your orator further charges that the credit given by the sd Charles to his co deft Saml for the title bond & also another fraud as your orator charges, and that at the time this court should have been given for the fifty five outlay for the lot in Prestonsburg to lot No. 2, tht the sd Charles W. Friend then lived in the state of Virginia and had never seen the lot, and that the sd Samuel then resided in this place, or at least your orator charges had not moved here. He further charges that as an additional evidence of the fraud, that at the time this note was executed, the sd Samuel K. Friend was then an infant under twenty one years of age and this record in Estill or Madison County in the state of Kentucky, and the said Charles then recorded in the county of Monroe in the state of Virginia some 3 or 4 hundred miles from the above places. Your orator charges that as to the conveyance of the Hatershop and the ground attached thereto & is wholly from the beginning to the end fraudulent, and the compts here chardes that the assignment on the bond from DeRositt was antedated, because the said Charles W. Friend did not arrive here until some time after the 4th day of Nov’r 1830, and that he was not in this country at the time, which your (orator) believes can be established by the _____ ______? To the assignment. Your orator charges that Charles W. Friend is the individual that wrote the note afsd and calls on him to state the e_ally to this Honible court whether the note of the $70 was not written long since 1821. If not since he came to Kentucky. And to make speciall___ the consideration upon which ____(missing word) note as founded in detail. And so state where he was at the time this mort. For the lot & shop afsd was given on the note. And where he was when the assignment of the bond of DeRositt, and if it was not antedated. Your orator charges that there does ____? In the hand under a memo in writing of Solomon DeRositt conveying or ____? This purchase and payment of the land lott No. 9. Your orator charges that the sd Samuel K. Friend has had the possession of the whole property (of the property repeated), and rents and received the profits of the same. Your orator charges that the lease is also fraudulent between the sd Charles W. Friend and Samuel, and your orator calls them to answer __ to that fact fully. Your orator further charges that Charles W. Friend is a poor man, and is now and has been living in a house not his own in Prestonsburg. Your orator prays as this his supplemental bill, that the conveyance as to the Hatershop may be held fraudulent and that it may be subjected to this your orators ___? And by removing the endorsement in my cause, yr. Orators ___? At by a court appointed by this Honble Court the heirs of Solomon DeRositt may convey the legal title of the sd. Lotts afsd to the sd Samuel K Friend yet subjected to your orators demand by a lien (?) to be made on the same by the Shff. On a fi fa to ____? On the judgt. Hereto in your orators original bill, and your orator prays if it is should appear that lott No. 9 is within the _ale(?) of the statute of fraud and perjury your orator then prays a decree for the amount of $40 the amt. Pd. By Friend to Derositt for the lott and also for a house that sd. Samuel has since put there worth $40 – agt. Jacob Mayo the admr of Derositt to be ____? Of any assets by hands or against the estate of the heirs if the Court has fully administrated. Your orator charges and prays as in his original bill prays the a new court spa may be awarded herein in only bond will ever pray &c. /s/ Harris for Complt. Kelsey N. Harris vs. Saml K. Friend, Summons, 12 March 1832 The Commonwealth of Kentucky to the Sheriff of Floyd county Greetings, We command you to summon Samuel K. friend, Charles W. Friend, Jacob Mayo, administrator of the Estate of Solomon Derosit (Clerenda Derosit, Elizabeth Derosit, Zarelda Derosit and Amazetta Derosit heirs at law of the said Solomon Derosit Deceased) if they be found in your bailiwick to appear before the Judge of the Floyd circuit court at the courthouse in Prestonsburg on the first day of our April Term next to answer a Bill in Chancery exhibited against them in our said Court by Kelsey N. Harris and this they shall not omit under the penalties prescribed by law and have then there this writ witness Jacob Mayo clerk of our said court this 12th day of March 1832 and in the 40th year of the Commonwealth. Jacob Mayo, C.T.Ct. Separate Answer by Chas. W. Friend in Harris v. Friend This separate answer by Chas. W. Friend to a bill in chancery in the Floyd Circuit Court against him by Kelsey N. Harris. This respondent saving reserving to himself all just exceptions to the errors and misrepresentation in compts. Bill for answer says that as to the charge of this respondents having purchased the property to deprave other creditors he says the &c is untrue but on the contrary he states that his co deft. Samuel was indebted to him by note with its interest from the 10th of March 1821 up to the time of taking the property of his co Deft. Which note is here filed and made part of this answer marked A. And this respondent states that he paid to his co. Deft. Samuel the balance of purchase money for the lot on which his do. Deft. Samuel lived and now lives and also the Haltershop both of which lots, on the ones mentioned in compts. Bill, he states that he took a recipt from his co. Deft. Samuel for the sumof $19.62 fr. which was the whole amount, of the purchased money for the property; mentioned in compts. Bill, which recipt is now filed, marked B and made part of this answer; this respondent states that every allegation in compts. Bill that charges any degree of fraud in transaction between him this co deft. Samuel is untrue but on the contrary that he took the transfer to secure himself in the debt. Shown by exhibit A and not for the purpose of keeping his co Deft. Samuel from paying his debts. This respondent states that he took a bond, which he now holds on his co defts. Saml for the house & lot whereon said Saml now lives which said bond is here filed marked C. and made part of this answer. This respondent states that his co Deft. Saml lives in the house & on the lot under a rent of $12 per annum which said article of lease is here filed marked D. and made part of this answer. This respondent states that as to the Haltershop which is mentioned in compts. Bill, that at the time made the purchase of his co. Deft. Saml that he then took a bond which was assigned to him by his co. Deft. Saml on one Sol. Derost who had then dec’d which said bond is here filed and made part of this answer: marked F as to so much of compts bill a charge this respondent, with being insolvent in (Va) having soon (?) out of Jail there he saiys that it is untrue: and as to his having combined with his co Deft. Saml to defraud creditors he says it is also untrue, & as to his having said tat he had taken the property to keep his co deft. Saml from paying his debts he also says that is untrue he did not use the words and as for the transfer being made to this respondent on account of his co deft. Saml being much in debt, he says was not the cause of transfer but on the contrary that it was made for the purpose of satisfying adust (?) demand which this respondent had against his co deft Saml as shown by Exhibit A all except what is shown by exhibit B this respondent denies every allegation … Rest of Document Missing Exhibit A, Samuel K. Friend to Chs. Friend, 10th March 1821 I promise & oblige my self my aires &c to pay to Chs. W. Friend, his aires as assigns the Just & full Sum of Seventy Dollars for Vallew Recd as Witness My hand & Seal this 10th March 1821. /s/ Samuel K. Friend, his seal Exhibit B, Payment from Chas. W. Friend to Samuel K. Friend, 1 April 1831 Rec’d of Chs. W. Friend at Sunday times the amount in all of $19.62 pd. Which is to be a credit on the purchase of the lot Num. 9 in Prestonsburg at $75.00. Rec’d by me 1st April 1831. Samuel K. Friend. Exhibit C, Bond from Samuel K. Friend to Charles W. Friend March the first 1831 Know all men by these presents that for and in the consideration of seventy five dollars in hand paid do bind myself my ayrs and assigns to make a deed of convaince of one house and lot No. 9 it lying and being in the town of Prestonsburg Floyd county Kentucky to Charles W. Friend his ayrs or assinges for which I now gave possession for which I have caused seal to bee fixed this 1st March 1831 /s/ Samuel K. Friend, his seal Exhibit D, Article of Agreement between Charles W. Friend and Samuel K. Friend, 10 March 1831 Article of agreement made this day betwixt Charles W. Friend of the one part & Samuel K. Friend of the other part all of the county of Floyd and State of Kentucky witnesseth: That I Charles W. Friend do bind myself to furnish the s’d Sam’l K. Friend one house and part of a lott in the town of Prestonsburg burg No. 9 for one year beginning the date above mentioned for which the s’d Samuel K. Friend is to have peaceful possession under this leace and the s’d Samuel K. Friend doth agree to pay the s’d Charles W. Friend the sum of twelve dollars in trade for the same on or before the expiration of this obligation also the s’d Samuel K. Friend doth oblige himself to deliver unto Charles W. Friend the s’d property in as good repaire as it now is. Given under our hands this 19th day of March 1831 /s/ C.W. Friend Samuel K. Friend Exhibit F, Solomon DeRossit’s
Bond To Samuel K. Friend, Know all men by these presences that I Solomon DeRossit for and in the consideration of the sum of fifty dollars do bind myself my heirs & to purvey by deed of conveyance of prentous (sic) claim to Samuel K. Friend one part of a lot in the town of Prestonsburg No. 2 lying on the river side of Main Street and above the Publick Square beginning at the crop fence then along said fence to a crop fence betweene the Shop and Stable thence on a strait line to the river thence down the river to the low line thence back to the beginning so as to include the Shop for the true performance there of I bind myself my heirs & as witness whereof I have set my hand and seal this 14th Day of Sept 1829. /s/ Sol. Drossit, seal Linsey Layne The within for the use of Charles W. Friend for the consideration of fifty five dollars cash in hand paid & given under my hand this 4th day Nov’r 1830.
/s/ Samuel K. Friend Separate Answer
of Samuel K. Friend The separate answer of Samuel K. Friend viz. a bill in chancery in the Floyd circuit court against him &c by Kelsey N. Harris this respondent reserving to himself all just exception to the many fold motion compts. bill for answer to so m___ as retale to this respondent says that is true that one Jonathan Fitzpatrick did recover a judgt. In the Floyd circuit court against this respondent for about the amt. As charged but this respondent as he is advised states that the lot mintained (sic) in court bill where now this respondent now lives is not subject to be to expond to sale for the payment of any debts because the same when it was delivered into the possession of this respondent without his having any bond or memo in writing from said Sol. Derosit who has departed this life and as your orator is advised, that the contract for the lot aforesaid is within the stated of Fraud J__rjuris (?) he relies upon that act. As to the lot above named, - this respondent states that not withstanding the foregoing part of his answer, that alo (?) the interests which he then had or might have in the lot afor’sd was parted with and transferred to his co deft Chas. Before the Judgt. Was endered in the Floyd circuit upon which the fi fa in compts bill mented issued and that said ___? Was not made with an entent to defraud any person, but for the purpose of paying a part on a note which co deft. Chas. Held on this respondent. This respondent states for answer as to the 1st interrogatory that he parted with the house and lot above mentioned as stated above and also the Haltershop for the purpose of paying as far as it would go, upon a note wich his co deft Chas. __ild in this respondent, for answer to this interrogatory as to this respondents living in the house and the lot, he states that he has and does live there. But that the same is under a lease or rent at $12 per annm; he denies having any possession to the Haltershop only by the permission of his co deft. Chas. This respondent states that he did not at the time of the transfer to his co. deft. Chas. State anything about putting his _____? Out of his hands to not paying his debts nor does he ever recollect of having used such language to ____ same, he objects to that part of compts bill which calls on him to disclose whether he is not very much in debt as he believes that not to be proper or important as to what his co. Deft. Chas. Stated this respondent cannot state but leaves that for him to answer. He states that the money is not yet all paid to his co. deft. Jacob, but also leaves that for his co. deft. Jacob to answer having as he is advised fully answered so much of compts. bill as relate to this respondent. He pray hence to be dismissed with his cost. Rice Pct. State of Kentucky Floyd County, Sct. This day Samuel K. Friend personally appeared and mde oath that the within answer contains the truth so far as informed by others given under my hand this 26th day of July 1832. John Friend, J.P.J.C. Filed 27th July 1832 Notes from The Big Sandy Valley, Ely K. N. Harris was an eccentric man, but had a solid education. He once lived in Catlettsburg; but after the great fire, made his home in Prestonsburg, but left there and to Paintsville, where he died in 1885. His sons, living in Utah, were very good to him in decrepitude and old age. Unlike the most of the family, he was a Whig in politics, and an aggressive Union man during the Civil War.
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