Thursday, July 27, 2017
JOHN BOOTH (INDIANA) vs JOHN BOOTH (LOUDOUN)
To the Honorable John Scott Judge of the Circuit Superior Court of Law and Chancery for the county of Loudoun.
Your orator John Boothe of Indiana, his bill of complaint against John Boothe of Loudoun County, respectfully shows that Robert Boothe the ______ grandfather of your orator and of said John Boothe of Loudoun owned a large tract of land situate in the German Settlement in said county of Loudoun. He, said Robert Boothe departed this life in the County of Loudoun on or about the ________ day of ________ in the year 1760 XXX having first July made and published his last will and testament, a copy of which hereto annexed marked D. your orator prays to have taken as part of this bill.
Amongest other devises in said will is one to his Son James Boothe, the father of your orator, in the following terms “Fourth I give and bequeath to James Boothe my son Price’s place with the remainder of my land” your orator charges that the land thus devised to said James Boothe consisting of about two hundred XX acres, and that in the year 1820 it was worth about eight thousand dollars – Your orator is now, 1833, about fifty-nine years of age; and his father having, when quite young, came to the Western Country was killed by the Indians when your orator his oldest son and heir at law, was an infant about two years. He died intestate and in the year 1776. –
The lands originally held by Robert Boothe the elder continued in his family for many years, ____ James Boothe, the father of your orator, was so _____ from it, and died so suddenly and at so early a period that the attention of his family was not particularly ______ to it; this was the more especially case as your orator was of such tender years when he lost his father, and have no friends or acquaintance in Loudoun.
Your orator farther ________ that he unfortunately at an early period of his life, formed the habit of drinking intemperately, so as to be an easy prey to the artful and designing: his circumstances too were nervous and disturbed. In this state of things in the year 1819, when the claim of your orator to the land thus _____ to his father was in full ______ John Boothe of Loudoun. This kinsman, came out to Indiana Jefferson County where your orator resided and now resides, and represented to him that he had some claim of uncertain character and trifling value to land in Loudoun, and presaited upon your orator to give him a power attorney to sell or compromise it; a copy of said power attorney where with ________ __________ & ; and prayed to be taken as part of this bill. Before he attained said power of attorney from your orator, he offered him for his claim $50 and them $100, which offers your orator rejected ---
Said John Boothe of Loudoun the kinsman and attorney in fact of your orator from whom and whom alone _______ he had secured information as to his interests, having ____ resented that said land was of little salice; and that after having encountered great troubles and expense he had only been _________ to sell it for $300., Your orator at his _______ of distance and unhappy.
JOHN BOOTH (INDIANA) vs. JOHN BOOTH (LOUDOUN)
JOHN BOOTH (LOUDOUN) TO COMPLIANT
10 MAR 1834
The answer of John Booth to a bill of Compliant exhibited against him in the Circuit Superior Court of Law and Chancery for the County of Loudoun by John Booth of Indiana.
This respondent making the usual and are copany reservations for answer to said bill says,
That having some business in one of the western states in the fall of 1818 and passing at one great distance from the residence of the Complt and understanding that he had a claim upon some land in the County of Loudoun devised by Robert Booth, deceased, to James Booth this respondent called on said Complt and communicated to him Complt the fact of said claim & its nature as well as the extent of the land on which the claim was and offered to assert the claim for a proportion of the recovery. The respondent decries that he offered to Complt the sum of $50 and then $100 for the Complt’s right. The offer came from Complt that he Complt would give his right for the sum of $50 or $100 but Respondent declined to acceed to the proposition.
A Power of Attorney was proposed in due form from said Complt to Respondent authorizing respondent to demand ____ for sale compromise or dispose of in any manner & to any person he might think proper all or any lands lying or being in the County of Loudoun to which said Complt was in any measure entitled. An article of agreement was drawn up expressing the terms of the contract between said Complt & respondent which article was left in the possession of Complt and is ______ no doubt in his hands a possession or in the hands or under the control of his agent as attorney and should have been produced as showing the said terms. To that this respondent refers as evidence of the original agreement.
Before this respondents return to the state of Virginia he proceeded to dispose of the right of said Complt in the tract of land lying in said County in the possession of a certain John Winner for which he was to obtain the sum of $300 at some future time on making the deed to Winner. In the fall of that year Nov 1819 this respondent went to the Western Country again called on said Complt and paid him Complt the sum of one hundred fifty dollars which it was then & there agreed should be and it was considered to be in full of the right title Interest claims and _______ of him Complt to any land in the County of Loudoun under the Will of Robert Booth, decd, and in evidence of that this respondent refers to the language of the receipt. Therefor now herewith exhibited marked Exhibit No. 1 and to the fact that upon this payment a new power of attorney was executed the one referred to in Complts bill not only authorizing Respt to sell & dispose of Complts interest in said land but to convey the same. The power given in 1818 & That in 1819 are herewith filed.
This respondent admits that after his return from the west the second time he did convey to said _______ & then for the first time ______ the sum which the said _______ stipulated to pay and that he released or conveyed to several others far very small sums in some instances without consideration at all That is without any ______ or other valuable consideration. Denying as he does the propriety of charging him with the amts ____ as he contends he was fully empowered at this time to sell & convey on his own account & for his own benefit he does not consider it necessary to detail the releases made The Bill itself substantially admits that there were or might be other small ___ considerable claims or rights in the contemplation of Complt at the time of _____ 1819 but ______ its claim to the interposition of the Court now on the ground of the gross fraud practiced by Respt in suppressing the fact that he respondent sold one portion of said land containing 83 acres & a fraction for upwards of five thousand dollars. By this portion is ________ the part released or conveyed to Jno. George.
In relation to this part or parcel of land the truth is that this respondent did not yet one cent for it. After his return from the west the second time advice was taken of counsel in regard to the title to said 83 a. of land and indeed of other parts of the whole claim when it was pronounced by the counsel _____ now represents Complt that the title of John Booth Sen & Jas. Booth of when Jno George purchased it to the said parcel of 83 a. was as unquestionable & incontrovertible as the title of any other man to his own property. This being remitted this respondent at the request of said George with a view as said George stated to make his title appear correct on the record as to enable him to deduce his title by the record from the patentee as for same ______ reason without any valuable consideration executed the deed to said George in the bill referred to.
In fact as this respondent has discovered & is advised the said Complt if he ever had title to any of said lands had none at the time of the Execution of the first power of Atty. In 1818. For as is admitted in the Bill and proven in the exhibits therewith filed Robert Booth must have died before March 1760 and neither said Complt nor his father James Booth were ever in possession of said Land. The said land was held adversely by others from the death of said Testator until 1818 a period of fifty eight & a half years.
In addition to this may be mentioned the fact that there is great doubt about the identity and parentage of said Complt & his father – if his father were the same James Booth mentioned in the will of Robert Booth there is then no great merit in the claim as he must have been the illegitimate _______ of said Testator if his child at all and there is strong reason to believe that the _________ ________ of this respondent purchased out the right of the devisee in remainder.
Thus this respondent has demonstrated as he thinks that said Complt has willfully & deliberately stated falsehood as to his having _______ of this respondent and that he has failed entirely in the allegation that respondent suppressed the communication of the extent and value of his rights and that it is almost a mockery of terms for him to talk of his birthright. Whether the history of his habits which he gives himself is calculated to win for him forever & __________ this respondent will not say but this respondent expressly denies that he this respondent ever contributed to his Complt state of Intoxication with a view to avail himself of any advantage and this respondent would be safe in denying his own belief that Complt. Was in such state at anytime when he dealt with him.
Taking into view the facts that said Complt. was out of the Commonwealth at the time had no right or a very doubtful & authigerated relies if _______ _______ for protections upon the statute of limitations which he pleads.one that this respondent was here and gave deed of the character of those in same instances given that is with warranty That he conveyed to Complt in his own state free of expense & by anticipation the sum of $100. & other facts in the Cause this respondent denies that the conveyance or contract of said Complt was upon an inadequate consideration That This respondent denying moreover the fact that Complt has recently discovered the truth of the case as alleged contends that it is altogether a _____ _______ _______ is urging _____ this respondent
And he prays to be hence _________ & with his costs
Loudoun County to wit:
This say Jno Booth of said Cty John Booth by
Qualified in _____ ______ to the B__ Henson his Atty
Above answer _______ and Justice
Of the Peace for said cty this
10th day of MAR 1834
JOHN BOOTH (INDIANA) vs JOHN BOOTH (LOUDOUN)
15TH SEPT 1834
DEPOSITION OF JOHN GEORGE
The deposition of sundry witnesses taken at the office of F. H. Luckett in Leesburg on the 15th day of Sept. 1834 pursuant to the inclosed notice to be read as evidence in the suit now defending in the Circuit Superior Court of Law and Chancery for the County of Loudoun in which John Boothe of Indiana is Plaintiff and John Boothe of Loudoun is Defendant.
The examination of John George, who being first sworn, saith:
Q1: by Pltffs Counsel: Did you buy from one of the Boothes eighty acres of land or thereabouts? If so, from which of them, and about what time? What was the name of the father of Defendant, and what that of his uncle, who lived in Loudoun?
A: I did buy a piece of land of about eighty acres from John Boothe, an uncle of Def. I think it was in the year 1818. Defendant’s father was named James Boothe, the brother of John Boothe from Whom I bought the land.
Q2: by same. What did you agree to give for the land?
A: I think I gave Sixty five dollars an acre.
Q3: by same. Did you after paying 1/4 or 1/5 of the purchase money refuse to pay the balance and for what reason?
A: I did not refuse to pay the balance.
Q4: by same. After you had paid a part of the purchase money, what occasioned John Boothe the defendant, to go to the State of Indiana?
A: I do not know exactly; but after I had made the first payment upon which a deed was to have been made to me, Mr. Boothe from whom I purchased asked me to wait until his nephew went to the western country to get a Deed from his cousin, that he could then make me a deed and then would be no trouble.
Q5: by same. Who became bound in a bond for the title to you, given by John Boothe, the Uncle of Defendant?
A: John Booth the Defendant.
Q6: by same. Had you conversation with the defendant after it was understood he was to go to Indiana? What did he say about getting the title from John Boothe of Indiana to the land you bought?
A: I do not now recollect to have had such conversation with him, except in regard to some shares of land, distinct from this which Deft was to purchase for Deponant, from the Chambers or Stumps who held under the 'Will of Robert Boothe' the father of John & James and I was to give him $50 per acre for all such land as he could purchase.
Q7: by same. Did he afterwards go? And what became of the rest of your purchase money? Did you give bonds or cash?
A: He did go to the West. After he came back and made me ________, I assigned over Notes on Daniel Householder, to the John Boothe from whom I purchased, to the _______ of the balance of my purchase.
Q8: by same. Did defendant ever tell you what sort of man Plaintiff was in his habits?
A: We had some little talk upon that subject; he said he was a loose man, would drink rather too much and would not take care of what he had, or to that affect.
Q9: by same. Was John Boothe, the Uncle of Defendant from whom you bought, intemperate or not?
A: He was a man that drank a good deal of liquor too; though he was a very honorable man.
Q10: by same. After the sale of his land to you, had he anything of any account besides the Bonds you assigned to him?
A: I do not think he had except a little household furniture he might have had. About the time I assigned the bonds to him, I think he bought a small piece of Land, of perhaps about 12 acres.
Q11: by same. Is John Boothe, the Deft., the same who came twelve years ago brought in for proof, the Will of John Boothe his Uncle from whom you bought?
A: He is the same.
Q12: by same. Do you know ___ the land, sixty acres, sold by Deft. Atty in fact for the Pltff; to his father James Boothe? If so, what was it worth per acre in 1820, and what is it now worth?
A: I do know the land well. I cannot now undertake to say what it was worth in 1820, land had fallen at that time, but I can't recollect how much it is likely it might have been sold at about 30$ - and I suppose it is now worth about the same.
Defendant reserves all legal exceptions as well to matters of fact as substance.
Q1: by Deft Counsel. What time in 1818 did you buy of John Boothe Senr?
A: I bargained for it in June 1818 and then paid $50 – and was to pay and did pay on the 24th August 1594.93# in full of the first payment.
Q2: by same. About the time you bought of John Boothe Senr. Did you take legal advice in regard to the title of said John Boothe Senr., and what was the purport of the Counsel’s opinion? Was it not that John Boothe Senr. has as good a right as any man could have, what was it?
A: I did take counsel – from what was stated from Jno Boothe Senr. To the counsel, the opinion of this Counsel was that he had a good right and could make me a good deed – or whether Counsel was taken by John Boothe Senr. And myself in the presence of John Boothe Jr. – This counsel was taken at the time the 50# was paid in June.
Q3. by same. Who was the counsel? And was it said that the Statute of Limitation had barred any rights that the Plaintiff or his father ever had?
A: Mr. Henderson was the Counsel. I understood the Counsel that it was length of time that gave John Boothe Senr. a good right. I judged so, from what John Boothe Senr. had stated to him.
And further saith not,