Thursday, July 27, 2017

Booth Court Case M1892: Answer to Complaint - John Booth Jr. of Loudoun, VA

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 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

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