Thursday, July 27, 2017
Booth Court Case M1892: Bill of Complaint by John Booth (Indiana)
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.