Line in Record @I5713@ (RIN 288034) from GEDCOM file not recognized:
OCCU Farmer
Added October 1848 to Membership of the Cow Creek Baptist Church, EstillCounty, Kentucky, Organized July 1846
Added October 1848 to Membership of the Cow Creek Baptist Church, Estill County, Kentucky, Organized July 1846
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Originally published in the ECHGS Newsletter and used with their permission Date: 5/16/1999
-----------------------------------------------------------------------------------------------------------------------------------------Willis West, Nicholas West, Samuel West, Nancy Park and her husband Pleasant H. Park, William Sweringer and Eliza his wife, Charles Powell and Lydia his wife, Jesse clive and Minerva his wife and James West.
VS.
John Tipton and Sally his wife, John W. Reynolds and Lucy his wife, Reuben S. Tipton and Elizabeth his wife, Tinsley West and the children of Hiram West, deceased, of Indiana, William, Samuel, James, Sidney, Simpson, Nicholas and willis and their Heirs.To the honorable Judge of the Estill Circuit court in Chancery Sitting, Humbly complaining showth unto your orator and oratrix, Willis West, Nicholas West, Samuel West, Nancy Part late Nancy West and her husband Pleasant H. Part, William Swearinger and his wife Elize Swearinger, late eliza West, Charles E. Powell and Lydia Powell his wife, late Lydia West, jessee Clive and Minerva his sife Minerva Wset and James West, that on the day of the 18th, Samuel West departed this life in the state of Iniana Interstate leaving your complainants, his children and Heirs-at-law together with John tipton and his wife sally Tipton late sally West, John W. Reynolds his wife, late Lucy West and Tinsley West and Reuben S. Tipton and his wife elizabeth Tipton late Elizabeth West and Hiram West who is now dead, leaving ten children all of whom are infants except the first to wit; William West Samuel West, James West, Sidney West, Simpson West, Nicholas West, and Willis West the other three names are unknown and they said Hiram West's children are all non-residents of Kentucky and residents of Indiana.
your orator and oratrix further show unto your honor that said Samuel West send Deed at the time of his death was the owner in fee on seven hundred acres of land situated lying and being in the County of Estill, Kentcuky and within the jurisdiction of this Honorable Court, said land is situated on the headwaters of Cow Creek and the same where on the siad John Tipton now resides and the same place the said decendant moved from when he left the State of Kentucky. They further charge that said John Tipton has been in possession of the said land for about eleven years under said decendant with a promise to account for and pay a reasonable rent, but the same was not in writing, but they charge that since the death of decendant he holds the land aforesaid, claims it is his own and fefused to account for or pay the reasonable rent or surrender the possession of any part of the land to your orator or oratrix., Although after requested so to do he refused to make partition and division of so land according to law, but witholds the possession from your orator or oratrix and has committed great wast unpon said land. they further charge that said land has been worth one year with another as rent $30.00 since the said Tipton came into the possession of the same. they pray your honor to take cognizance of their case and grant unto them appropriate relief. they pray that the said John tipton and Sally his wife, John W. Reynolds and Lucy his wife, Tinsley West and Reuben S. Tipton and Elizabeth his wife and aforesaid named persons, children of the said Hiram West and unknown Heirs of said Hiram be all made defendants to this Bill.
The allegation here of and 9on a final hearing they pray that said John Tipton be compelled to account for the rents of said land and the waste committed by him. they also pray a partition and division of said land among the several Heirs of said decendant according to the rules of equity, they could however prefer a sale of said land as they are satisfied it would rebound to the interset of all the Heirs to have the same sold and they therefore call on the said Defendants to say whether they will consent to a sale of the same and on hearing, they pray for general relief.
Deposition of Samuel W. Tipton
The deposition of Samuel w. tipton taken at Stephen Noland's law office in Irvin, Kentucky on 21st. day of October, 1851 agreeable to the Notice hereto annexed to be read as evidence on the part of the defendants John tipton in a suit in Chancery pending in the Estill Circuit Court. Wherein Willis West and others are complainants and John Tipton and Others are defendants. The deponent being of lawful age and first duly sworn deposeth and saith:Q. by defendants for Tipton: Do you know how John Tipton obtained possession of Samuel West's farm? And what sort of repair he kept it in?
A. I do not know how John Tipton obtained possession of said farm. I know that said Tipton clear some ground and put up some new fence on said farm whilst he resided on it during said Tipton's occupancy of said farm. A part of the old fence was burned by the woods being on fire. I assisted said John Tipton in trying to put out the fire and saved the fence and we laboured hard to do so but could not succeed in saving all the fence, as it was surrounding by the fire in the woods.
It is my impression that said John tipton cleared about ten acres of land on said farm whilst he occupied it, and he had some fifteen or sixteen hundred rails made in fence besides other rails made and put up at other times, the numbers of which I do not know.
Q. by defendant for tipton: did you hear the parties speak of the possession of the said farm?
A. I heard them speak of it ina conversation the substance of which was about as follows towit; in the conversation West asked Tipton how he got possession of farm and Tipton said he got possession of farm and Tipton said he got possession on the condition that he was to keep said farm in as good repair as it was when he got it. West demanded possession of said farm. Tiptn replied that he had thought that he would not give him possession but that he had concluded that he would surrender possession to said West. This conversation took place in the fall of the year and Tipton moved from said farm in the next February or March. In the same conversation West stated that it was the understanding when tipton got possesssion of the farm that he was to hold it one year and then to move to the State of Indiana and Tipton admitted such to be the fact.
John Tipton Owned three shares in sais farm at the time West demanded the possession.
Q. by complainant Counsel; How long did defendant John Tipton hold the possession of the land in controversy and at the time willis West demanded the possession of defendant and did he not require immediate possession?
A. it is my best impression that Samuel West left the state in 1836 or 1837 and John Tipton occupied and held possession of said farm from the time Samuel West left it until he, Tipton, moved off, which according to my best collection was in February or March, 1848,
When West demanded the possession, he required immediate possession, Tipton did not deliiver possession at that time but held on until the next February or march as before stated.
Q. by complainant counsel: Are you or not well acquainted with the land to speak of the value of the rent and if so, What has said land been worth as rent one year with another since Tipton held it when did said Samuel West die?
I cannot say definitely what it would be worth but suppose it would be worth forty dollasrs per year as rent, one year with another since Tipton had possession.
I do not recollect how precisely what time Samuel West died. I think he was has been dead some four or five years. He died before this suit was commenced, but how long before I do not recollect.
I do not how long the rail before spoken of, were made before Tipton left the land, but suppose it was two or three years.
the land cleared by Tipton herein before spoken of was principally land that had once been cleared and had grown up in brushes and briars before Samuel West Left it, and a small portion of the land never had been cleared. I do not know how long the land was cleared before Tipton left it, but give it my opinion that he raised some two or three crops on the land that he cleared before he moved off.
I do not know by what authority Tipton cleared the land. Tipton did not rebuild the fence that was burned down which left some eight or ten acres of land unenclosed and did not afterwards cultivate the same which grew up in brairs and bushes., a part of the other fence was in bad condition and considerable portion of the fence row were grown up in briars and bushes when Tipton left the land. I do not know what conditiopn it was in when Tipton moved on it. the fence burned down some years before Tipton left the land.
Samuel W. Tipton
Marriage Notes for John G. Tipton and Sarah J. WEST-288091
1 REFN 22768
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CAUS Measles and Flu
1852 Death Records, Estill County, Kentucky Name - Dilliard Tipton Age - 35 Sex - Male Marital Status - Widower Occupation - Date of death - June 7 Cause of Death - Measles and Flu Place of Birth - Cow Creek, Estill Co. Parents - John & Sarah Tipton Place of Death - Red River
1860 YANCEY COUNTY, NC p. 412
575-575 Wilborn TIPTON 30
Nancy 21
Ellener 6
Mary J. 4
Delila 3
Martha E. 4/12 mo.
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OCCU Farmer
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EVEN Washington CollegeLine in Record @I22727@ (RIN 305048) from GEDCOM file not recognized:
EVEN State Teacher CollageLine in Record @I22727@ (RIN 305048) from GEDCOM file not recognized:
OCCU Teacher, Attorney, Sentor
Murley has a varied career as teacher, public official and attorney. Was a member of Tennesse Legislature and while serving his first term in the Lower House was made Minority floor leader.
Graduated of Washington College; also studied at the Universitly of Tennessee and at State Teachers college, Fresno, California. Received his law degree at Cumberland Unvirsity, Tennessee. Taught school in Kansas, Nebraska and North Carolina and in Draughon Business College at Knoxville.
At one time he was Principle of Newton High School, North Carolina. He has practiced law for many years and has been City Judge of Johnson City. He was elected to the Senate.Single
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RELI BabtistLine in Record @I5723@ (RIN 288044) from GEDCOM file not recognized:
OCCU MinisterLine in Record @I5723@ (RIN 288044) from GEDCOM file not recognized:
RELI Washington D. C.
Line in Record @I22648@ (RIN 304969) from GEDCOM file not recognized:
OCCU School Teacher
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EVEN Civil War Vet. Union and ConfederateLine in Record @I5879@ (RIN 288200) from GEDCOM file not recognized:
RESI
[Tipton1.FTW]YANCEY COUNTY, NC 1850, Roll 649, page 397
Taken on the 6th day of August
PG DW FAM Name of every person AGE Sex Place of Birth397 217 225 Charles Tipton 24 M NC
Elizabeth J. Tipton 23 F TN
Henderson L. Tipton 4 M NC
Nancy M. Tipton 2 F NC
Allah L. Tipton 6/12 F N
Was Shook Graveyard at time of death.
Charles was married first to Elizabeth McJimpsey, and they had six children. After Elizabeth died, he married Jennie Patterson, window of Mr. Bryant. Their only son, Samuel David, became a well-known Baptist preacher. When the Civil War began, and North Carolina became a part of the Confederacy, Charles volunteered in the Confederate Army. Soon after his enlistment, he became convinced that he was on the wrong side. Deserting the Confederacy, he went to Federal headquarters in the Union. Before leaving for the war, Charles had given his land in Yancey County to his children. Surviving the war, Charles returned home in 1865. He was issued a Federal pension of $12.00 per month as long as he lived. After his return from the war he and his second wife were divorced, and he married Martha Pattie Beaver. They rented land and lived in Yancey County. To this couple three children were born. This family crossedthe mountain from Yancey County by Windy Gap around the year 1880, and rented land on Upper Laural from John English. Charles and Martha and two of the children walked behind a sled on which their meager possessions were pulled by a steer. They carried a two-year old baby. The Family settled about two miles from the gap beside a small stream, a tributrary on right side of Upper Laurel Creek. Two other Children were added to this family. The five children were married as follows: Mary to Minus Phillips; Dock Yancey (called Yance) to Maggie Phillips; John to Meda Blankenship; Brejettie to Dock Blankenship; and Dolph to Kittie Holcombe. The last couple was divorced. Charles Tipton died in the year 1907 at the age of 85 and was buried in the Shook Graveyard, later named Upper Laurel Cemetery. His widow, Martha, continued to draw the pension until her death in 1920, at which time her body was placed by his. After a few years four of the Tipton children, with their families and their mother, had left the Upper Laurel area
Line in Record @I5879@ (RIN 288200) from GEDCOM file not recognized:
EVEN Civil War Vet. Union and ConfederateLine in Record @I5879@ (RIN 288200) from GEDCOM file not recognized:
RESI
[Tipton1.FTW]YANCEY COUNTY, NC 1850, Roll 649, page 397
Taken on the 6th day of August
PG DW FAM Name of every person AGE Sex Place of Birth397 217 225 Charles Tipton 24 M NC
Elizabeth J. Tipton 23 F TN
Henderson L. Tipton 4 M NC
Nancy M. Tipton 2 F NC
Allah L. Tipton 6/12 F N
Was Shook Graveyard at time of death.
Charles was married first to Elizabeth McJimpsey, and they had six children. After Elizabeth died, he married Jennie Patterson, window of Mr. Bryant. Their only son, Samuel David, became a well-known Baptist preacher. When the Civil War began, and North Carolina became a part of the Confederacy, Charles volunteered in the Confederate Army. Soon after his enlistment, he became convinced that he was on the wrong side. Deserting the Confederacy, he went to Federal headquarters in the Union. Before leaving for the war, Charles had given his land in Yancey County to his children. Surviving the war, Charles returned home in 1865. He was issued a Federal pension of $12.00 per month as long as he lived. After his return from the war he and his second wife were divorced, and he married Martha Pattie Beaver. They rented land and lived in Yancey County. To this couple three children were born. This family crossedthe mountain from Yancey County by Windy Gap around the year 1880, and rented land on Upper Laural from John English. Charles and Martha and two of the children walked behind a sled on which their meager possessions were pulled by a steer. They carried a two-year old baby. The Family settled about two miles from the gap beside a small stream, a tributrary on right side of Upper Laurel Creek. Two other Children were added to this family. The five children were married as follows: Mary to Minus Phillips; Dock Yancey (called Yance) to Maggie Phillips; John to Meda Blankenship; Brejettie to Dock Blankenship; and Dolph to Kittie Holcombe. The last couple was divorced. Charles Tipton died in the year 1907 at the age of 85 and was buried in the Shook Graveyard, later named Upper Laurel Cemetery. His widow, Martha, continued to draw the pension until her death in 1920, at which time her body was placed by his. After a few years four of the Tipton children, with their families and their mother, had left the Upper Laurel area