Thursday, March 09, 2017

John Booth of Indiana vs. John Booth of Virginia

Circuit Superior Court of Law and Chancery for the County of Loudoun
Case M1892:
John Booth of Indiana vs. John Booth of Loudoun, VA

Before these documents are posted it will be best to give the reader an introduction. The parties involved in this Court case are involved in a lawsuit brought about by John Booth of Jefferson County, Indiana, son of Captain James Booth who was killed by Indians in 1778 in Harrison County, (now) West Virginia. On the opposite end of the lawsuit is his cousin, John Booth Jr. son of John Booth Sr. back in Loudoun County, Virginia. The Court case is concerning the Estate of Robert Booth whose heirs were Captain James Booth and John Booth Sr., sons, and Ann Chambers and Jane Stump, daughters. Capt. Captain James Booth’s heirs that are named in the depositions are John Booth (Indiana), James Booth (Jr.), Bathsheba and husband Alexander McClelland, and Sarah and husband Evan Thomas. The heirs of John Booth Sr. of Loudoun Co. Virginia are James, John Jr., and Frances Booth. The following document is what started the whole lawsuit. Robert Booth left land to his sons, James and John Sr. James left for Harrison Co. VA and sold his land to his brother, John Sr. Somehow not all of it was disposed of at that time, thus this lawsuit. John Booth Jr. of Loudoun County, Virginia went to Indiana to seek our his cousin, John Booth of Jefferson County, Indiana. He obtained a Power of Attorney to dispose of the rest of the property that belonged to Captain James Booth, deceased that was left behind in Loudoun County, Virginia.

12 OCTOBER 1818

Know all men by those Presents that I John Booth of the County of Jefferson and State of Indiana for diverse good causes we there unto moving, have made, ordained, constituted and appointed & by these Presents doth make ordain, constitute, appoint my true & trusty friend John Booth Junior of Loudoun County [VA] for my true and lawfull attorney. In my name and on my behalf to ask, demand and sue for Sale commission or dispose of in any manner or to any person he may deem proper. All or any land lying or being in the County of Loudoun the title to which may have been vested in me by the Last Will and Testament of Robert Booth deceased or in any manner whatever. Hereby notifying & confirming all acts or deeds of my said attorney relative to said lands in the testimony. I have hereunto set my hand and affixed my Seal at Ma did on the, 12th Oct. 1818.
John Booth (Seal)

State of Indiana
Jefferson County
Personally appeared before me the
undersigned a Justice of the Peace for the County aforesaid
John Booth who acknowledged that within Power of Attorney therein
to be his Voluntary act and did for the Purpose therein expressed
Given under my hand Seal this 12th day of October 1818.
John Meek , J. P. (Seal)