Resurrecting the First American West

Pages That Mention John Martin

Edward Worthington legal case, 27 June 1801

Page 10
Page Status Needs Review

Page 10

9 It is therefore ordered that a jury of twelve lawful men [?] be forthwith impannelled to enquire of the damages the said complainant hath sustained by occasion of the nonconveyance of the said two hundred acres of land by the said defendant to the Complainant and thereupon a jury of the bye-standers being called came towit, Tompkin Barlow, John Curry, [Alistar Timberlake]], William Laughlin, John McLaughlin, Joseph Hildrith, John Boyd, James Pullen, Alexander Mitchell, William Markham, Hezekiah Coun, and Samuel Harris who being elected tried and sworn to enquire of Damages herein as aforesaid, on their oath do say, that the Complainant hath sustained damages on account of the defendants not having conveyed the said two hundred acres of land to the said complainant to the value of four hundred pounds. Whereupon it is Decreed and ordered that the Complainant do recover of the said defendant the said sum of four hundred pounds together with his costs by him about his suit in this behalf expended.

The following depositions were taken and returned herein and admitted as evidence on the hearing of this cause towit,

John Martin of full age and being first duly sworn deposeth and saith, that some time in the fall on September 1779 he was in company with Edward Worthington and Daniel Callaghan at the lower end of the falls of

Last edit 9 months ago by MKMcCabe
Page 12
Page Status Needs Review

Page 12

11. the dispute between said Worthington and Daniel Callaghan, said Callaghan alleged he thought it was rather more than said Edward Worthington ought to have for his services as agent for said Daniel Callaghan and Brother Patrick Callaghan in obtaining two settlements and preemptions. It was the opinion of this deponent and George Johnston that he was entitled to receive two hundred acres of said Settlement or the value of the same, and at the same time said Daniel Callaghan made mention that he had partly sold the ballance of his land and that he could not finish his bargain without selling that two hundred acres also, he agreed to pay the said Edward Worthington the full value of the two hundred acres in money, and this deponent further conceived the said two hundred acres of land to be worth three pounds per acre, and this deponent further saith not. signed John Martin Sworn to before, as at James Logan in Lincoln county the 20th day of June 1729. James Logan Joel Atkinson George Johnston of full age and first duly sworn deponent and saith, that some time in the summer of the year 1797 in the Town of Cynthiana he the deponent was called on by Daniel Callaghan and Edward Worthington to settle a dispute between them wherein said Worthington claimed of said Callaghan four hundred acres of land on the South fork of Licking in the county of Harrison, being the said Callaghans settlement right, alleging that

Last edit 9 months ago by MKMcCabe
Page 13
Page Status Needs Review

Page 13

12. the said Callaghan had stipulated to give him the same as a compensation for his services as agent for said Callaghan in obtaining two settlements and preemption rights viz. one in the name and behalf of the said Daniel & the other for his Brother Patrick Callaghan, the said Daniel Callaghan acknowledged that the contract was agreed on as stated by said Worthington, but complained that said Worthington had given 1200 acres to Johnston and Garrard for clearing out the said settlements and preemptions which he considered as exorbitant, and this deponent and John Martin were referred to by them as arbitrators to determine what said Callaghan should give to said Worthington for his services. We gave it as our opinion that the said Callaghan should give the said Worthington two hundred acres of said land from a principle that being the custom [?] of the country to give one half for clearing out land, where two hundred acres was the residue of the one half after giving Johnston and Garrard their twelve hundred acres, which said determination was mutually agreed to between the said Callaghan and Worthington, said Callaghan expressed that he had conditionally sold the whole of the aforesaid lands, but that he would give the said Worthington the said two hundred acres or the price that he should get for it. This deponent conceives the said land, to be worth three pounds per acre. And further this deponent saith not. signed George Johnston Sworn to before John Hunter and Samuel Shepherd justices of Scott, the 14th June 1799.

Last edit 9 months ago by MKMcCabe
Displaying all 3 pages