LAWSUIT: Richard Ross vs. John W. Doyle, 1874, Fleming Co., Ky

Lawsuit of the Heirs of John Doyle, 1874

Lawsuit #19849 Fleming Co. Fleming Circuit Sct

Richard Ross Pltff. vz answer and cross petition of John W. Doyle James Doyle- defdts. The defendant John W. Doyle for answer and defense herein. Says that John Doyle (his father) owned this land & other lands amounting to about 145 acres. (he having acquired this tract in the manner set out, in the answer of defdt James Doyle) and he having died the 15th Nov 1873 the widow Martha Doyle surviving then rented the whole to this defendant & Said James Doyle to have the use and proceeds of the land so held by him and this defendant to have all proceeds of said land for the support, or board and care of the deceased widow, the said Martha Doyle who was entitled to dower but it never having been assigned to her. She was entitled to use rent & lease the same as don, and (he to) retain the same for the period prescribed by law in right of the said tenant for life aforesaid. #(written in margin) #And he aviss that Aquilla Doyle has been _____on his interest in the estate of his father by ---------- & labor to the suit of & for the accounts herewith made part hereof as cross & items there so does not --- & accepted by him. And he Kept , nursed & sustained the old man Doyle & wife from 18 Oct 1872 until 10th December 1873 & furnished supplied wood, done fee thing fall worth fully $50.00 no part of which has been paid, but remains unpaid & there are no assets but said land to pay the sum. And this defendant further aviss that he is the child , son and heir at law, of the said John Doyle dec'd with 11 others or stocks viz: Aquilla, James, Andrew, Elizabeth Ross, David, (Nelson, Priscilla, Wm., George, John, & Grant children of) Joseph Doyle dec'd, (John, Joseph, George, & David Helvistine children of) Milky Helvistine (formerly Doyle), Wm. Lacy, Frank, Katherine, & Michael Patrick children of William Doyle Dec'd, Mary Hurst, wife of Miles Hurst & formerly Mary Doyle_____, Martha Helvistine (formerly Martha Doyle) wife of Porter Helvistine ______, Priscilla Helvistine, wife of Henry Helvistine & formerly, Priscilla Doyle____, and he is entitled to 1/12, in fee, of the entire land of the 145 Acres, and he demands, a partition of said land & allotment to him of his interest therein, and to that end he makes this a cross petition against the plaintiff, & all of said children & Co heirs so named (who all) are hereby made defendants as such and he demands a summons against said defendants and general relief in the premises.

John W. Doyle

I believe the statements made in the foregoing answer & cross to be true. John W. Doyle Sworn to, before me, in due form of law, by John W. Doyle, this 8th July 1874

David Willson

Notary Public F Cg filed 12 Aug 1874

(*my note: Matilda is not mentioned as she was desceased at the time of the lawsuit and had no heirs. Which with the above mention 12 children gives a total of 13 children for John and Martha.

(Charlotte))

Fleming Circuit Court A C Doyle & others Deffs. Against/ Affiants Pricilla Doyle & others Deffs.

This affiant AC Dyile says that the Defts Franklin Doyle, John F. Doyle, J.M. Doyle, B.J. Doyle and the three samll children of A.J. Doyle, dec'd, are non residents of the state of Kentucky- and live in the state of Tenn. Hardin County, and their nearest post office is Saltillo and they have been absent from this state for over four months. Aquilla C. Doyle

Sworn to before me by AC Doyle this 5th day of January 1878 William____ Clk FCC

Recieved of David Willson Recv in case of Doyle vs Doyle the sum of 4 14/100 dollars in full of my distributre share in the Doyle Estate. I having arrived of Age.

Jany 6 1889

John Doyle Jr.

Recieved of David Willson recieved in the case of Aquilla C. Doyle & el vs Pricilla Doyle & others Twenty four 82/100 dollars being the interest of the children of A.J. Doyle deceased. this 10th day of Sept 1899.

J.W. Doyle

B.F. Doyle

B.Y. Doyle

J.F. Doyle

By Aquilla C. Doyle their (sic) in fact

Rec'd of David Willson Recives in suit of A.C. Doyle & others in the Fleming Circuit Cort Twenty four dollars & eighty three & 1/2 cents in full of our share of the estate of John Doyle Dec'd. this 22nd day of August 1881.

Test P.H. Helphinstine

Atest Pricilla Helphinestine

A.C. Doyl

Rec'd of David Willson Received in suit of A. C. Doyle and others against Pricilla Doyle & others in Fleming Circuit Court twenty four dollars & eighty three & one half cents in full of our share of the estate of John Doyle dec'd this 22nd day of August 1881. Test

Miles (X his mark)

Hurst

attest Otho W. Estill

Mary (X her mark)

Hurst

Received of David Willson Recived in case of Doyle vs Doyle the sum of twenty four 83/100 dollar amount of adjugded us by theFleming Circuit court at August Term 1881 in above suit Aug 24 1883

witness A.C. Doyle

Elizabeth A. (X her mark)

Ross

Recieved of David Wilson Commissoiner of the estate John Doyle Dec'd the sum of twenty four dollars and eighty three cents full amount of my share and fifteen dollars allowed me for my trouble makin in all the sum of thirty nine dollars and eighty three cents this given under my hand August 24th day

1881 Aquilla C. Doyl

Rec'd of David Willson received in suit of A.C. Doyle & others against Pricilla Doyle & others in the Fleming circuit court, twenty four dollars & eighty three and one half cents in full of my share of the estate of John Doyle Dec'd this 22nd day of August 1881

David M Doyl

Whereas I have become the purchaser of a certain tract of land containing 92 acres under a decree of the Fleming Circuit Court rendured at its February term, 1880, to wit, Febry 11th 1880 in the matter pending there in which A.C. Doyle is plaintiff and Pricilla Doyle and others are defendants, the sale of which was made by Theodore Hurt, as commissioner of said court on the 5th day of March 1880, for the sum of Three hundred and fifty Dollars ($350.00; and whereas I have executed bond therefor payable to said Commissioner pursuant to said decree with James Collingham security, which bond is dated March 5th 1880 and payable twelve months therafter. Now in concideration of the payment of said purchase money upon said bond with accruing intrest on or before the maturity thereof by him the said Collingham I hereby sever, assign, and release to him the entire benifit of my said purchase, together with all the rights privilages uses and benifits by me acquired thereby both in law and equally including my entire right and title thereto in said land, and direct and request that the said Collinghams title to said land be confirmed by the execution of the deed of conveyance to him instead, of my self, and the receipt of the said Hurt in said sale bond shall be inclusive thereof.

John W. Doyle 5th 1880