MISCELLANEOUS COURT RECORDS
LIVINGSTON COUNTY, KENTUCKY
The following records were located among the original Livingston County Clerk's Papers in the county clerk's office, Smithland, KY. Several of these records appear to be Circuit Court records and are marked with an * at the end of the entry.
Original spelling has been retained. - From the files of Brenda Joyce Jerome, CG
Manumission 1806: Be it remembered that on this 5th day of May 1806 I Michael Purkel Senr. of my own accord came into court and Think proper to set free my negroe girl slave named elecy now about five years old ... when she arrives at the age of Twenty to be there and forever thereafter free to act and do for herself as she thinks proper. [signed] Michael Purkel. [Box 2, 1805 - 1811]
Election of Trustees 1808: Eddyville August 1 1808. I hereby certify that this day an Election was holden according to law for appointing Trustees for the Town of Eddyville and that Elijah G. Galusha, Chittenden Lyon, John Bradly, John Henderson & Joseph W. Mahan were elected to fill that office. [signed] Jacob E. Faller. [Box 2, 1805-1811]
Petition for Road: Whereas there was formerly an order from this County Court for a road from this Court house to Cross Treadwater at Squire Phillips ford on the direction to Henderson Court house (which road was never compleated for want of another road meeting it from Henderson) to be the nearest & best way. Now we wish to present to the Court that altho a little path is made over trade water by private persons & the mail is now carried this way past Phillips, the people of Henderson are about to have a county road that way ... we humbly pray that Wm. Stewart, Robert Phillips, Henry Wheeler & Wm. Hamilton be appointed to view & mark out the same ... [signed] James Lamb, Ezek. Porter, Amerley Clark, John Hamilton Wm. Dickey, Solomon Clark, Jas. Love, James Wheeler Jas. Neel, Wm. Clark, Lewis Barker, John Jackson Samuel Nunn, Jas. Price, Lewis Partee Robert Spence Berry Page, Pidert [?] Livingston Jno. WALL Ira Nunn, Reuben Bellah, Jos. Hamilton, Elisha Thurmond, Wm. Simpson, William Hamilton John Ramsey, Wm. Baldwin, David Hamilton Saml. Porter, John Lam, Patrick Hamilton Robert Livingston, Alex. Clark, Wm. Stephenson , Wm. Cain, Andw. Clark Anthony L. Hamilton Wm. Stewart Van Lofton Henry Wheeler [Box 2, 1805 - 1811]
Road Order 1824: Agreeable to an order of the Livingston County Court we met on the 2nd day of this [month] instant and proceded to view a way for a road from Salem to Greers Ferry on Cumberland river as follows, Starting at the Courthouse from thence to run a south course with the lain that is now open & continuing sd. course as far as Mark Phillips shop at the west end of his lain then we made a turn at right angles of a small distance to shun some hollows thence to run along Phillips fence of his most south west field to the far corner of sd. field thence on the best ground to an with the East fence of Givens Sharp field leaving the field to the right and from the furthermost corner of the field to run so as to leave a pond of water on the south of the field to the right hand then to run on the best ground to Hazlewoods old House leaving it to the left and Axleys burnt cabbins to the right hand then to run near an old school house on Martin F. Martins land leaving it to the left then on the best ground to the old ford on Sandy Creek between Martin F. Martins & John Hutsons then from there to Mrs. Donakeys & through her lain to the far end then we turn to the left with her fence then after leaving the field along the old road some distance to where we left the road and marked through the woods crossing the dry fork of Sandy a shallow riffle continuing the marks until we intersected the old road again then continuing nearly with the old road to the west end of James W. Williams plantation leaving it to the left then about a south direction across some dreans running into the long pond untill that course intersects the path leading from Williams to Robt. Cochrans then with sd. path to a sugar camp on the bank of the river then we inclined a little to the right leaving the river to get around Robt. Cochrans field to the ferry. The above described way we are of opinion is the best we can get taking every thing into consideration except a small turn which was made to get round Cochrans field and is a very small disadvantage. We are of opinion that this road is of no disadvantage to any person whatever. July 5th 1824. [signed] James Rutter, Mark Phillips, Henry Hardin. [Box 6, 1820-1824]
Petition 1839: To the Honorable Court Now Setting for the County of Livingston Your humble petitioner prayeth that your honors would be so kind as to Releazs him from a Poll Tax he being in but indigent circumstances and in his Seventeth year and your humble petitioner will be in Duty Bound to pray this 6th of Janu. 1839. [signed] Simeon Lamb. N.B. having any hors to Ride I have presented this by one of your body to the attorney of your Court. [Box 9, 1832-1836]
Bond 1840: Know all men by these present that we Benjamin Barner, Wm. Gordon, Blount Hodge, part of the Trustees of Cumberland Hospital & W.N. Hodge & Wm. Smith are held and firmly bound unto the Commonwealth of Kentucky in the penal sum of six Thousand Dollars ... we bind ourselves and each of our heirs jointly and severally ... this 4th day of May 1840. The Condition of the above obligations is such that whereas by Commissions from his Excellency James Clark Governor of Kentucky appointing and commissioning sd. Barner, Gordon & Hodge (Blount), trustees of the Cumberland Hospital now in court dated the 17th day of February 1840 and under Statute passed & approved, sd. Trustees wish to execute bond as required and offer Wm. Smith & Wm. N. Hodge as Security who are approved by the court. If the sd. Barner, Gordon & Blount Hodge shall faithfully apply to the objects of the apperpenation [?] of money or Valuable things made sd. Hospital by the Kentucky Legislature as well as all sums they may receive from private or individuals contributed or from any other state to the entire use and benefit of sd. Hospital then the above obligation to be void otherwise to remain in full force and Virtue. [signed] Benjamin Barner, Wm. Gordon, Blount Hodge, W.N. Hodge, Wm. Smith, Wit: J.L. Dallam. [Box 11, 1840-1844]
Road Order 1840: The undersigned being appointed by the County Court to view the ground along which a new road from the Livingston Coal Mining Company to Trade Water River is proposed to be conducted and having been sworn ... we did on the 15 Day of April in the Year of our Lord 1840 meet at the Coal Mines where it is proposed sd. road shall begin and have viewed the ground along which it is to run about 1 1/2 miles to trade water, to commence at the Coal Mines and on examining finds that the road passes through the lands of L.C. Mining Company, John Lamb & C.H. Cook, Robt. Wilson and Mr. Trapnall, who resides in or near Harrodsburg Ky. and that we believe the Road to be of Importance not only to the Livingston Coal Mining Company but to the neighborhood and County in general as a Road is contemplated to continue this road in Union County to the Ohio River near Caseyville and Interest in this county with the Morganfield & Salem Roads which will shorten the distance about three miles from the Ohio River and that one of your Commissioners, John Lamb, was present and heard Mr. Robert Wilson consent that the Road may pass through his land and that the Timber wanted for sd. Road may be used free from cost and that John Lamb consents that the road may pass through his land and timber wanted may be used also the L.C. Company, by their agent C.H. Cook, also consents. And believing ... that the road is of much importance to facilitate and assist in developing the Mineral resources of our County ... 15th Day of April 1840. [signed] John Lamb, Wm. Newcom, John Rourk, Commissioners. John Lamb appeared before Joseph Hughes, Justice of the peace, and said that Robert Wilson gave consent for the road ... as stated ... 15th April 1840. This is to certify that we consent that a road may pass through our lands ... [signed] John Lamb, L.C. Mining Company by C.H. Cook. [This land is today in Crittenden County] [Box 11, 1840-1844]
Petition: To the honorable the Judge of the Livingston Circuit Court in Chancery sitting - Your petitioner Julia A. Wolf widow and relict of Henry Wolf dec?d ... showeth: That some years since [ink blot over name] Tapscott and Francis Bell by a certain Deed or Deeds of conveyance of record in the Caldwell County Court ... did convey to Henry Wolf the husband of your petitioner the two undivided thirds of a certain 1000 acre tract of land now lying and being in the Livingston County. Your petitioner believes that one Ross became entitled to the remaining third of sd. tract and that by partition his third was laid off and allotted to him. Afterwards Henry Wolf by deed of conveyance bargained and sold to Samuel Harman a certain portion of his two thirds of sd. land leaving Wolf lawfully seized and possessed of a portion on remaining tract containing as your petitioner believes, something near 400 acres, the metes and bounds of which being unknown to your petitioner ... In the year 1839 or 40 Wolf became and was indebted to Blount & Robert Hodge, merchants & upon which debt suit was instituted and such proceedings had as to obtain judgment against Wolf for the sum of $399.42 & costs upon which sd. judgment executed issued and was placed in the hands of James L. Alcorn for R.W. Alcorn by a pretended agreement of record on the common law side of this court ... the before mentioned tract of 400 acres was on the 15th of Oct 1840 ... sold to Blount Hodge for $435.96, the amount of debt, interest & costs due from Wolf to B. Hodge & Brother, sd. sale by the Sheriff your petitioner alleges was irregular & illegal and the subsequently made Deed of Conveyance from Alcorn as Sheriff to B. Hodge predicated upon sd. sale conveyed no title to Hodge. On the 25th day of January 1841 Wolf by a deed of conveyance released & confirmed to Hodge all his right & title in the tract of land. After this, on the 1st of February 1841 Alcorn, by virtue of the before mentioned judgment, execution & petitions levy & sale, conveyed the tract of 400 acres to Blount Hodge, reciting in sd. deed that the tract contained 333 1/3 acres, which your petitioner believes to be erroneous. Now whether sd. sale & conveyance by the Sheriff were illegal or not cannot materially affect your petitioner?s right. Since she alleges that during the Coverture with Henry Wolf he became & was lawfully seized and possessed of sd. Tract now claimed by Blount Hodge; that her right to Dower was lawfully attached; that she was never a party to any sale or conveyance of sd. estate to Blount Hodge and that Wolf sometime previously to the 1st of March 1842 Died upon which event she had a right to claim & have Dower in sd. estate. As yet she has received no part thereof and Blount Hodge has wholey refused ... to lay off her Dower nothwithstanding procured sd. estate at not more than one half its real value. Your petitioner alleges that the tract of 400 acres is within your jurisdiction and ... that she cannot assert and have her rights at common law. She prays that Blount Hodge be made party to this Bill and that he answer the allegations herein and that he answer what has been the value of the profits of sd. estate since the death of Henry Wolf ... [signed] Julia A. Wolf. [Box 11, 1840-1844 *]
Petition for Divorce: To the honorable the Judge of the Livingston Circuit Court in Chancery ... Your Orator Edward Byrd would state that some years ago he was married to one Elizabeth Ferrell with whom he lived several years, and had several children by her; that towards the latter part of their cohabiting together, she became incontinent and loose in her conduct, and was guilty of criminal consortion with other men. Your Orator saw this with deep mortification and no prospect of [illegible] they eventually separated as it was no longer agreeable to either of them to cohabit together. This separation was on the 1st January 1839 and they have lived apart ever since. Your Orator further states that since the separation Elizabeth has been [illegible] and has lived in open adultry with other men and still continues in the practice of doing so. For these reasons your Orator is fully bound to ask to be relieved from the obligations to her as a husband as ?tis impossible for him ever again to treat her as such. To that end he prays the sd. Elizabeth Byrd, late Elizabeth Ferrell, be made a defendant to this bill and required to answer the allegations thereof. He prays the Commonwealth writ of spa returnable & upon a final hearing he prays a decree of divorcing him from Elizabeth and for other general relief ... [signed] Edwd. Byrd.
[Box 11, 1840-1844*]
Petition for Divorce: To the Honorable Judge of the Livingston Circuit Court ... Your Orator Melinda Hughey wife of Robert Hughey ... shewth that ten years ago she intermarried with Robert Hughey, that from the time of the intermarriage until about the first of January last she lived with sd. Robert during all of which time she was to him a kind and effectionate wife, discharging to the best of her ability all of the duties belonging or pertaining to the married state. She would also shew ... that her good conduct towards her husband failed to secure to her that kind treatment which she might have reasonable affected, she would also shew that the disposition of her husband was at all times morose, unpleasant and ... particularly so when intoxicated which was frequently the case, that he violently laid violent hands upon her several times threatened to take her life and about the first of January last, beat her severely with a large stick. That notwithstanding his cruel treatment she continued to live with him, discharging all her duties as his wife with fidelity until the time of her receiving the last beating. That believing her life to be in danger she at that time left him. She would also shew ... that feeling a deep & ancious solitude for the welfare of her infant children which she was compelled to leave behind her. She has since leaving her husband offered to return and live with him again, but that he resists all offers of reconciliation and refuses to receive her again as his wife. She would also shew that about the time of her leaving him she was persuaded by him and divers other persons combining and confederating with him to enter into an agreement with her sd. husband, which agreement bears date January fourth 1842 whereby she did indeed for sundry considerations agree to a final separation from her husband and to acquit him from all charges for her support. But her husband not regarding his promise and undertakings hath hitherto failed to comply with the terms of his agreement leaving your Orator in a very delicate state of health and with very limited means to support herself as best she can. She would also shew that her husband is possessed of a large estate and is abundantly able to furnish her a comfortable support. To the end therefore, she prays that Robert Hughey be made defendant to this bill, that the subpoena be granted her against him ... and that he be required to answer all the allegations herein contained ... that some provision may be made for her support out of her husbands estate during the pendancy of this bill and that upon a final hearing of the matter, she may have such reasonable portion of defendants estate allotted and decreed her as Your honor shall deem meet and for such other and general relief ... [signed] Melinda Hughey. S. Marble, Counsel. [Box 11, 1840-1844*]