Notes for Thomas Mount
Thomas Mount, was the son of Matthias Mount. According to John E. Stillwell in his book, Historical and Genealogical Miscellany, subtitled, Early Settlers of New Jersey and their Descendants, pp.129-130.
According to Thomas Mount's tombstone, located in Shelby Co. KY, Thomas was born on April 18,1728.( probably in or near Freehold, Monmouth Co. NJ. Matthias lived there until 1745 when he moved to Cranbury, Middlesex Co. NJ. On October 24, 1755 his father purchased land from Jediah Stout of Windsor Township, and Thomas witnessed the transaction).
Prior to 1757, Thomas Mount married Mary Clayton,(we have not found Mary's parents) born September 4, died September 15 she is buried next to Thomas.
According to The Hunterdon Co. NJ Court of Common Pleas Minute Book No. 9, page 53, October Term 1764. The Sheriff returns his writ of attachment against George Garrison in the hands of Thomas Mount by the sum due to the defendant on a bond of Twenty three Pounds one Shilling due from the said Thomas Mount in the presence of Mary Mount and John Doe Etc. And the said defendant being three times called did not appear, but made default. Therefore Ordered on Motion of Jno. Coleman for Jno. Pidgeon that the defendant first default be recorded and that Micajah How Esq, James Curnings and John Cochran be appointed Auditors to Settle and Adjust the defendants and to with his Creditors or with to many of them as apply for that...
On April 22,1772, Thomas witnessed the will of Peter Prall, Amwell Township, Hunterdon Co. NJ 2.
The Acts of the Council and General Assembly of the State of New Jersey, from the establishment of the present government to December 1783, chapter LXX)(I. An act for the speedy and effectual recruiting of the four New Jersey Regiments in the Service of the United States. Passed April 3, 1778. Page 42 states in part that, "Persons appointed for each County to pay the Bounty were empowered to borrow a certain Sum of Money for that purpose on the Credit of the State and to give Notes with Interest at 6 per cent, payable at the Expiration of six Months or one Year, in the option of the Lender.".
*In the New Jersey Treasurer's Book; Revolutionary War Number 1; Miscellaneous Accounts page 126. July 17,1779, item 397 "Tho. Mount money borrow for recruiting the N. Jersey Battalions .. 747 pounds 5 shillings".
*In the Account book of John Stevens Jr. with the State of New Jersey, Oct.1, 1778 - Nov.17,1780, (document in Record Group: Department of Defense-, Sub Group: Military Records; Series Revolutionary War.- Box 6 Item 9, division of Archives, Trenton, NJ), dated July 17, 1779 To Do (cash paid) Tho. Mount Money borrowed for recruiting... 747 Pounds 5 shillings.
On or about April 21,1778, Thomas Mount and his wife sold his plantation in Amwell Township, Hunterdon Co. NJ to George Hide, George Hide gave Thomas Mount a Bond of Indemnification of twelve hundred pounds to indemnify him against a certain mortgage which was then against the plantation given to Thomas Farmer. 3
Recorded in the Miscellaneous Records No. 6699 of Hunterdon Co, NJ, is promissory note, dated October 29,1782, from George Hide of the Township of Amwell, Hunterdon Co., for the sum of 3600 pounds of the current lawful money of the State of New Jersey, to Thomas Mount late of Amwell township, Hunterdon Co., now of Loudoun Co. State of Virginia.
He remained in Loudoun Co. until 1788, when he moved to Prince William Co. VA. Where he lived gets confusing here because he is taxed for personal property in both Prince William Co. and Wood Co. for the years 1804 and 1805. It is possible that Thomas Mount moved to Wood Co. in 1804, because both Thomas Mount and his son Thomas Mount were in Prince Wlliam Co- in 1803, but there is only one Thomas Mount on the Prince William Co. Property Tax lists for 1804 and by 1806 only Wlliam Mount is in Prince William Co. 5
To further confuse the issue, is a deed in Harrison Co. VA dated July 11, 1788 whereby Thomas Mount as the assignee of John Drew, who was the assignee of Jonathan Folle, paid two pounds to the Treasury of the Commonwealth of Virginia for a Certificate in Right of Settlement given by, The Commissioners Adjusting the titles to Unpatented Lands in the Districts of Monogalla and Yohagania, for three hundred and fifty-five acres. 6.
Elijah Mount, sold his one twelfth part of this property on November 7, 1821, to William Martian Jr. for fifty dollars.7 On December 23, 1829, Mary Mount Barnett, daughter of Thomas Mount sol one twelfth share of the property to Wlliam Martian Jr. for fifty dollars.8 On July 10, 1837, Hannah Mount Maddox, sold her one twelfth share of the land to Wlliam Martin Jr. for over three hundred dollars.9
When Thomas left Prince Wlliam Co., he moved to Wood Co. where he had purchased 1,000 acres of land from Henry Enoch on March 12, 1801 10. He subsequently purchased thirty-one and a quarter acres from John Lockart in 1804.11 On June 6, 1804, the deed for 1,000 acres from Henry Enoch was rerecorded. 12 However, when Thomas sold the land in Wood Co. to his son-in-law, John Barnett, on March 5, 1807 only one hundred and Twenty one and half acres remained. The rest of the one thousand acres, or eight hundred and seventy eight and a half acres, Thomas had lost in Chancery Court to James Giflespe and to the heirs of Robert Thorton.13 Thomas, on February 25, 1805, gave his power of attorney to Hugh Phelps to try and recover some of the money he had given to Henry Enoch. 14
According to a document by Isaac Shelbey the Governor of the Commonwealth of Kentucky, signed January 31, 1795, John Holder and others were granted a certain tract of land containing 60,000 acres of land in Fayette Co. in consideration of eight Land Offfice Treasury Warrants. This land was next to 49,665 114 acres of John Holder and John Taylor's survey. 16
On September 22,1.789, John Holder and John Taylor of Fayette Co. Disirict of Kentucky, Commonwealth of Virginia and Thomas Mount 53 of the County of Prince William Commonwealth of Virginia agree that They would pay 1,500 pounds to Thomas.
The conditions of the obligation was that John Holder would assign six thousand and fifty and one quarter acres of land, part of a survey of 50,000 acres of land in the District of Kentucky. the land to be laid off in such a manner as to make it equal in value to the same quality of land in any other part of the survey as near as it may be possible to do by disinterested parties, with out any expense to Thomas except that which would have been incurred if the warrant had been located over his own name.
"Now when John Holder shall comply with the conditions of this obligation and shall be carried fully into effect, then this obligation to be void else to remain in full force and virtue in law, signed John Holder and John Taylor." Thomas agreed to bear a proportionable part of the loss of any land that may be t aken by prior claims interfering with the respective survey. "I am to have 6,055 1/4 acres out of 50,000 acres that is I am to loose in proportion as 6,055 1/4 is to 50,000 acres. Signed Thomas Mount."
It appears from the court records in the case of Thomas Mount vs John Holder etal, that when Thomas arrived In Kentucky he was unable to get title to the land he had paid for, nor was he able to get his money back, so he sued, John Taylor, Dorthea Combs, Sophia Holder, John Holder, Caleb Holder, Rachel Holder and Frances Holder. The Sheriff of Clarke Co. was to summon them to appear in Lexington before the Circuit Court of Fayette Co., on June 3,1806, to answer a bill in chancery against them and others by Thomas Mount. 17 The bill in chancery was filed by Thomas's lawyer, Henry Clay. 18
Although the case was filed on March 4,1804, the case was continued and continued then on June 26,1817, the defendants in the case replied through their lawyer, Richard C. Holder, they demanded strict legal proof that the allegations as set forth in the suit were true. 19
On August 11, 1817, Thomas notified: Samuel Combs and Theordia Combs, his wife, Richard R. Williams and Catherine Williams, his wife, Thomas Jones and Lydia Jones, his wife, Edward McGuire and Fanny McGuire, his wife Richard C. Holder, Caleb Holder and John C. Holder, heirs and representatives of John Holder deceased, that he would take their depositions at the home of Samuel Combs in January in Marysville, KY., on the first Monday of November 1817. He would also take depositions from Samuel Canby and others on the second Monday of October 1817 at the house of James Chambers in Marysville, KY and would take secondary depositions at the house of May Taliaferro in Winchester, KY. and so on. On October 7,1817 Elijah Mount 158, swore before the Justice of the Peace, that he delivered the attorney of the defendants with a true copy of the matter and on the same day served Samuel R. Combs, Thomas Jones and Edmond McGuire with true copies and on October 4, 1817 he served Richard C. Holder with a copy.20
An affdavit was obtained from Sam Ganby, on October 4, 1819, one of the witness to the agreement between Thomas, John Holder and John Taylor, that the agreement was signed at Ballstown, Frederick Co. Virginia at Charles Smith's house on September 22,1789, Ganby was at this time a resident of Jefferson Co. Indiana 21 Another affdavit was obtained from Sam Granby in Warren Co. Ohio on November 1817 repeats his above affdavit.22 On January 8,1818 in Lebanon, Warren Co. Ohio, still another affdavit taken, repeating what had already stated.23
During the September 1818 of the Fayette Co. Circuit Court, the Court was advised that Thomas Mount had, "Departed this life", and that the suit be revised in the names of his heirs, which are listed.24 On November 15, 1818, a deposition of John Johnston, who stated he was well acquainted with the Mount family, lists the heirs of Thomas Mount.25
Finally, during the March 1825 term, the Fayette County Circuit Court pronounced an interlocutory decree. As a result, a survey of John Holder's 50,612 _ acres was made, by John Wilkerson and Thomas Hart, and the amount of 6,556 _ acres was marked for Thomas Mount's heirs. The Court, after the survey directed the defendants to transfer the property on or before Jun 1,1826, by deed.
The land was transferred to Thomas Mount's heirs on June 26, 1826.27 So now Thomas Mount's heirs have the land their father purchased in 1795, right? Wrong! On October 7, 1829, the Court of Appeals for the State of Kentucky, because of errors, returned the case to the Circuit Court in Fayette Co., for retrial.28 So back to the court they went. On February 6,1830, Henry Clay filed an amended bill of revivor naming each of the heirs of Thomas Mount as parties to the suit.29
On May 24,1830, the sheriff of Fayette Co. went to summon the defendan court again.30 On May 24,1830, Henry Clay filed an amended bill of revivor, naming the heirs of the heirs of Thomas Mount ie. the grandchildren of Thomas Mount.31 1835.32(?) According to a publication in The Kentucky Reporter, the case was to be heard again on June 24,
Clay had to file still another amended bill of revivor, undated because the heirs kept dying. 33
On September 15,1835 the Mount heirs again won their case in the Fayette Co. Circuit Court, and again a survey of the land was taken and again the same area as had previously been awarded to the Mounts was given to them again.34
The final irony of this whole sordid mess is that on April 8, 1848, William Beatty, one of the heirs of Thomas Mount and the authorized agent for several more of them and the attomeys for the whole of them went forth and demanded possession of the land decreed to the heirs from the persons he found on the land. All persons on the land claimed that they had bought the land from James Gay, who had purchased the land from a, Bryant, in 1819 or 1820, who represented himself and acted as the agent of the heirs of John Cafre. All the possessors of the land refused to deliver to him, William Beatty, possession of the land or to recognize his title or that of the Mount heirs.35 That was the end of that.
Thomas, after discovering the 6,050 1/4 acres he believed he had purchased but could not gain possession of, moved to near Shelbyville, KY, on both sides of Little Bullskin Creek, and purchased another "plantation" of 227 acres from a Merfield.36
In Thomas's will dated October 30,1815, proved May 1818, other than the above mentioned land, he directs that 1500 acres of land in Harrison Co. WV and a tract of land he purchased from Daniel Moon, in Franklin Co. KY be sold and the proceeds be divided among his heirs. These pieces of property we have not located.
Notes from James Wichman of Texas, reformatted by Pat Mount.