Saturday, September 20, 2014

WILLIAM HENRY ACTON

WILLIAM HENRY ACTON was born November 4, 1834, in Ohio County, Ky., where he   has always resided. His father, Bartemus Acton, a native of Charles County, Md., removed toKentucky about 1825, and died in 1867, at the age of sixty-five years. He was the son of         Oscar Acton, of Maryland. Bartemus married Sarah Robey, of Maryland, who died in 1850,  and their children are Susanna C. (Mitchell), Mary J. (Bean), Thomas W., Gabriel, Chloe A. E.(Bean), William Henry, Fielder W., Martha A. (Crawford) and Eveline (Davis). Jan. 24,      1856, William Henry Acton married Martha J., daughter of Hugh C. and Rebecca (Foreman) Crawford, of Nelson County, Ky.; she was born April 28, 1838, and to them have been born William M., Stephen S., Sarah P. (deceased), Amanda E., Hugh C., Rebecca E., Robert B.,      and Ira W.  Mr. Acton is a farmer, owning 240 acres of fine land in a good state of                 cultivation. In religion he is a Methodist, and in politics a Democrat. 

Source: J. H. BATTLE, W H. PERRIN, & G. C. KNIFFIN  1895





Wednesday, September 17, 2014

William Hayden Porter

William Hayden Porter (1818-1888)

"Col. William H. Porter, Jr. was born in Morgantown, Sept. 15, 1818, and was educated in that place and Russellville, under the principal ship of Marmaduke Morton of Logansport, who was President of the bank in the same town, and now Clerk of the Court in Russellville.  He was a surveyor thirty years and county surveyor eight years. He married, December 20, 1838, to Hannah Lee, daughter of William and Sarah Lee, the latter one of the first settlers in Ohio County, and was some time in the old Hartford Fort.  Col. Porter’s grandfather was Col. John Porter, who came to America from Ireland and settled in Morgantown in 1787. He became a popular and leading citizen and twice represented his county in the Kentucky Legislature.  Col. Porter served his country faithfully all through the Mexican War, being a member of Company F, Fourth Kentucky regiment, Capt. D. C. McCrary – Col. John S. Williams – and was all through the campaign with Gen. Scott as Sergeant.  In the Civil War he served seven months with the commission of Major in the Twelfth (FED) Cavalry.  He was crippled at that time, but saw much service afterwards in the Home Guards, first as Captain and finally as Colonel of the Regiment. He now owns a farm of fifty acres one mile and half from Cromwell, and is well known throughout the county.  He is a fine scholar, both Latin and English.  His uncle, Oliver Cromwell Porter, built the first house in Cromwell in 1835, when the town was called Porter’s Landing. This uncle represented Butler County in the Kentucky Legislature."

Added notes:

The foregoing item was found by Judith Wilson and sent to me for this blog. It was originally posted on Ancestry.com by Joe Taylor (deceased), who was a wonderful Ohio County researcher. It is thought that Joe's posting was an excerpt from the 1885 biographies published by Battle, Perrin & Kniffen.

Col. Porter was the son of William and Nancy Porter. Col. Porter died 5 September 1888 in Cromwell. Census records do not show any children of this marriage.  A nephew, Hayden Porter, was the subject of an item on this blog on April 21, 2013.

In Fogle’s Papers, A History of Ohio County, Kentucky, published in 1981, at page 319, it is stated that the town of Cromwell was named after Oliver Cromwell Porter, an uncle of Col. Porter, mentioned above.

Saturday, September 13, 2014

Rockport - 1895

1895-96 Kentucky State Gazetteer

Rockport

On Green River, in Ohio County, 11 miles south of Hartford, the county seat and bank location. It is on the C.O. & S.W. Ry. Southern Express. Western Union Telegraph. Population, 500. M. J. Reid, postmaster.

Business Directory

Blivens, Robert B., shoemaker
Campfield, M. V., general store
Culbertson, J. J., barber
Daniel, J. & Co., restaurant
Davenport, Mrs. M. C., hotel
Duncan, D. J. & Co., general store
Fulkerson & Rap. Livery
Graves, W. P., lumber
Her, R. E. & Co., general store and drugs
Her, R. R., saddler
James, W. B., justice
Layton, Charles W., physician
Maddox, John D., physician
Monroe, Felix, lumber
Reid, L., transfer agent
Reid, Haden & Co., general store and drugs
Rogers & Brown, sawmill
Rossen, Wallace, teacher
Smith, Joseph, railroad & express agent
Tilford, William, fisherman
Woodburns & Dural, sawmill
Young, H. J., general store

Wednesday, September 10, 2014

Testimony of Arthur Haven from Leach vs Leach lawsuit.

The following testimony of Arthur Haven was taken 11 February 1948; this post is the eleventh of eleven. The background (explanation) for this testimony can be found in my post dated 23 July 2014.


OHIO CIRCUIT COURT (1948)

Chester F. Leach, Clyde F. Leach, Oscar Leach, Otis Leach, Ersa Leach, and Samuel Leach, Plaintiffs.

vs.

S. D. Leach, Defendant.

DEPOSITIONS FOR DEFENDANT

Also the deposition of Arthur Haven taken at the same time and place and for the purpose stated in the caption. Witness being first duly sworn and examined by Otto C. Martin, Attorney for defendant, testified as follows:

Q. 1   State your name
A.  Arthur Haven.

Q. 2   Your age?
A.   53

Q. 3   Where do you live?
A.   Near Cromwell.

Q. 4   Did you ever live out in the Rob Roy or Bald Knob section of Ohio County?
A.    Yes sir, quite awhile.

Q. 5   About how long?
A.   Fifteen years, I guess.

Q. 6 I believe you married a Leach?
A.   Yes sir

Q. 7   Did you know S. W. Leach during his lifetime?
A.  Yes sir.

Q. 8   Did you know the farm he lived on when he died?
A.  Yes sir.

Q. 9   How long have you known that farm?
A.  I have known that farm for thirty-five years, I guess.

Q. 10   How close did you live to it when you live in t ha Rob Roy section?
A.   A part of the time on adjoining farms to it, and close to it all the time.

Q. 11   Been over it very much?
A.  Yes, quite a bit.

Q. 12   See the timber on it?
A.  Yes sir.

Q. 13   Do you remember when Mr. Leach died?
A.   I remember the occasion but not the date.

Q. 14    Do you recall when his widow sold this farm to J. N. Leach?
A.   Yes, I remember something about it.

Q. l5   Had you figured on buying that place yourself?
A.   Yes, some.

Q. 16   You knew the condition of the improvements on that place?
A.   Yes sir.

Q. 17   Any fencing on it?
A.  None worthwhile.

Q. 18    You knew about the surface, the kind of surface and the timber, the location etc.?
A.   Yes sir.

Q. 19   What, in your opinion, was the reasonable fair market value of that farm in 1919 when it was so1d to J. N. Leach?
A.  If I remember right, he paid $2,000.00 for it. That is more than I would have paid for it at that time.

Q. 20   What in your opinion was the value of the timber, lands and improvements at that time?
A.  Well, that was higher then I figured I could pay for it.

Q. 21   How much higher?
A.    $300.00 or $400.00

Q. 22   What, in your opinion, was the value of the timber on the land when sold to Mr. J. N. Leach?
A.   I figured the timber was worth as much as the land itself. I would have given as much for the timber as the land if buying them separate. If it had been sold separate I think the timber would have sold for as much as the land.

Q. 23   You didn’t think the timber and land together were worth $2,000.00?
A.   It would not have been worth that to me.

Q. 24   I am talking about the fair market value of it?
A.  That was higher than 1 could have paid for it.

Q. 25   Considering that Mr. Leach's widow was 62 years old, and in poor health when he died, and that she had a life estate in that farm, that is the right to the custody and control, and possession of it, the right to live on it, cultivate it and collect the rents and profit, but had no interest in the timber or minerals, and was subject to pay the taxes and upkeep of the farm, what would her life estate be worth?
A.   Mighty 1ittle to me.

Q. 26   What would be the fair, reasonable cash value if some one wanted to buy it and she wanted to sell it, what would it have been worth?
A.  I doubt if it would have sold for more than four or five hundred dollars.

Cross-examination by Claude E. Smith, Attorney for Plaintiffs

Q. 1  How much did you know about the timber on this place?
A.    Not a great deal. I am not a timber man.

Q. 2   I meant to ask you what knowledge did you have of the quantity of the timber on the Leach farm?
A.   Well, I don't know.

Q. 3   Did you ever count the trees?
A.  No sir.

Q. 4   What kind of timber was on this place?
A.    I guess principally White Oak and Black Oak, some beech on it.

Q. 5   Fairly good size, some of it?
A.   Yes, some that was fairly good size for that kind of ground. Of course, nothing like the timber in bottom land.

Q. 6  None of that timber had been cut off that you know before Mr. J. N. Leach cut It?
A.   Not that I recall.

Q. 7   Whose son are you?
.A.   Cornelius Haven' s.

Redirect by Otto C. Martin, Attorney for defendant.

Q. l   You had been through this timber and looked at it in a general way?
A.  Yes, l had been through it and sorter looked it over.

END

State of Kentucky
County of Ohio

I, Edna Hudson, a Notary Public in and for the county and state aforesaid, do certify that the foregoing depositions of Charles Fulton, L. L. Leach, O. D. Miller, Laban Hines, F. M. Williams, Rob Williams, Roy Williams, C. Wayne Leach, Clay Leach, Martin Porter and Arthur Haven were taken by me at the time and place and for the purpose stated in the caption; that each of said witnesses were first duly sworn by me before giving the same; that said depositions were taken by me in shorthand and afterwards transcribed
from my notes, signature and reading of depositions waived; that the foregoing pages contain a transcript of my said notes.

I further certify that the plaintiffs, Oscar Leach and Ersa Leach, were present in person, and that all the plaintiffs were present at said taking by Claude E. Smith, their attorney; that the defendant was not present in person, but by attorney, Otto. C. Martin.

Witness my hand, this March 12, 1948.

My commission expires October 6, 1948.


Signed:  Edna Hudson

Saturday, September 6, 2014

Testimony of Martin Porter from Leach vs Leach lawsuit.

The following testimony of Martin Porter was taken 11 February 1948; this post is the tenth of eleven. The background (explanation) for this testimony can be found in my post dated 23 July 2014.


OHIO CIRCUIT COURT (1948)

Chester F. Leach, Clyde F. Leach, Oscar Leach, Otis Leach, Ersa Leach, and Samuel Leach, Plaintiffs.

vs.

S. D. Leach, Defendant.

DEPOSITIONS FOR DEFENDANT

Also the deposition of Martin Porter, taken at the same time and place and for the purpose stated in the caption. Witness being first duly sworn an examined by Otto C. Martin, attorney for defendant, testified as follows:

Q. 1  State your name.
A.  Martin Porter.

Q. 2   Your  age?
A.  54.

Q. 3   Where do you live?
A. At Hartford, Kentucky.

Q. 4   In what business are you engaged?
A.  Hardware business.

Q. 5   You are a member of Porter-Leach Hardware Company?
A.  Yes sir.

Q. 6  Where were you born and reared?
A.  I was born near Cromwell, left there when I was 14 years old and went down to Rob Roy.

Q.7   In the Rob Roy section of Ohio County?
A.  Yes sir.

Q. 8   How long did you live in the Rob Roy section of this county?
A.   I left there when I was 35 years old.

Q. 9   I believe you married a daughter of J. N. Leach?
A.   Yes sir.

Q. 10   A sister to S. D. Leach?
A.   Yes sir.

Q. 11    Did you know S. W., Samuel, Leach?
A.   Yes I did.

Q. 12   Know his wife?
A.   I did.

Q. 13   Were you related to them?
A.   Yes, I couldn't tell you how much, but I was.

Q. 14  Your mother was also a Leach?
A.  Yes sir.

Q. 15   She a relative of S. W. Leach?
A.  She was.

Q. 16   How far did you live from the S. W. Leach farm when you 1ived in the Rob Roy neighborhood?
A.  About two miles.

Q. 17   How long have you known that farm?
A.  All my life, since I was big enough to know anything.

Q. 18   Do you know when Mr. S. W. Leach died?
A.  Yes I remember when he died.

Q. 19  When he died was he living on this farm out there by Rob Roy?
A.  Yes sir.

Q. 20   Who was in his family at that time?
A.  Living with him?

Q. 21  Yes sir.
A.  His wife was all I know of.

Q. 22   Had the boys married and left home?
A.  Yes, they had. Chester 1ived across the creek from him, I think.

Q. 23  On his farm?
A.  Yes sir.
Q. 24   How near to his father?
A.  Not over a half mile I don’t guess.

Q. 25   Do you remember when S. W. Leach’s widow sold this farm to your father-in-law, J. N. Leach?
A.  I remember him buying it. I was at the sale that day.

Q. 26  When the personal property was sold?
A.   Yes sir.

Q. 27   That was sold at public sale?
A.   That is right.

Q. 28   Do you know whether or not Chester advised his mother to sell that farm?
A.  I don’t know.  I know one of the boys, Leslie or Clyde, was in a shoe shop at Beaver Dam.

Q. 29. To refresh your recollection Leslie died about a month before his father's death.
A.  Well, Clyde then. I went to town, and whichever it was, I suppose it was Clyde, said to me, that he wanted his mother to sell the farm and come to town; that she was too far out in the country. If she needed a doctor she couldn't get one. I thought it was Leslie, but they say it was Clyde.

Q. 30   The evidence shows that Leslie died a month before his father’s death.
A.   It was Clyde then, because it was after cousin Sam died.

Q. 31   He told you he wanted his mother to sell the farm and come to Beaver Dam?
A.   He never said Beaver Dam, he said come to town.

Q. 32   For what reason?
A.   She was too in the country and if she got sick she couldn't get a doctor.

Q. 33    Was she in good health at that time?
A.   I couldn't say, but I don't think too good health then.

Q. 34   Do you own land in that same neighborhood, Mr. Porter?
A.  Yes sir, I still own the same farm.

Q. 35   The one your father owned?
A.   Yes sir.

Q. 36   How many acres in it?
A.   150.

Q. 37   Have you farmed it all along?
A.   Yes, I have tried to.

Q. 38   Did you know about the condition of the S.W. Leach farm, building, timber, etc.?
A.  I have been on the farm. I don't know anything much about the timber. I am not a timber man, but the buildings were old and pretty worn out when I can first remember them.

Q. 39   What about the cleared land?
A.  It was poor, always was, even where it was not cultivated.

Cross-examination by Claude E. Smith, attorney for plaintiff:

Q.  1   You own a farm adjoining this Leach farm?
A.   No sir.

Q. 2   Is it the same character and qua1ity of land?
A.   No sir, it is not the same kind of land. My land is about two miles from the Leach farm.

Q. 3   Lower ground?
A.  I don't know as it is lower ground. It is just better soil the way I look at it.

Q. 4   Have you seen the S. W. Leach farm recently?
A.   It has been two or three years. The last time I saw it had gone down considerably.

Q. 5    You mean the land, farm, improvements and everything?
A.   The farm had not gone down so much, it was already down. The buildings were almost completely rotted down. My father-in-law and Jake Leach put a new roof on the house after they got it, and done some work on it.

Q. 6   That had rotted off when you were up there?
A.  Yes sir.

Q. 7   And the timber was gone?
A.  I think there was some timber sold off of it, but there was some small timber on it.

Q. 8  There was some fairly good timber on this farm when Mr. Leach died , was there not?
A.  I don’t imagine any fine timber.

Q. 9  Was there not some valuable timber on this land when S. W. Leach died?
A.  I judge there was.

Q. 10   You just don't know about it?
A.   No sir, I don’t.

Q. 11  Other than being roofed, do you know of anything being done to keep this property up after February 15, 1919?
A.  That when it was sold?

Q. 12. Yes sir.
A. Well, yes, Jake Leach lived there and he was one of the best farmers in the community, and he built up some of this land after he moved there.

Q. 13  Jake lived there a few years and then moved away?
A.   Yes sir.

Q. 14   Since then has anything been done toward keeping the place up or repairing it?
A.   Nothing that I know of.

END


Saturday, August 30, 2014

Testimony of Clay Leach from Leach vs Leach lawsuit.

The following testimony of Clay Leach was taken 11 February 1948; this post is the ninth of eleven. The background (explanation) for this testimony can be found in my post dated 23 July 2014.


OHIO CIRCUIT COURT (1948)

Chester F. Leach, Clyde F. Leach, Oscar Leach, Otis Leach, Ersa Leach, and Samuel Leach, Plaintiffs.

vs.

S. D. Leach, Defendant.

DEPOSITIONS FOR DEFENDANT

Also the deposition of Clay Leach taken at the same time and place and for the purpose stated in the caption. Witness being first duly sworn, deposed as follows:
Examined by Otto C. Martin, attorney for defendant.

Q. 1   State your name.
A. Clay Leach.

Q. 2  Your age?
A.   45.

Q. 3  Your residence?
A.   Beaver Dam, Route 3.

Q. 4   In what community do you live?
A.   Rob Roy.

Q. 5   What is your occupation?
A.   Farming.

Q. 6   I believe you are a brother of S. D. Leach?
A.   Yes sir.

Q. 7   A son of Jasper N. Leach?
A. Yes sir.

Q. 8  You are the youngest child?
A.   No, Scott is the youngest.

Q. 9   Do you now live on your father's old home place?
A.   Yes sir.

Q. 10  The one he owned when he died?
A.    Yes sir.

Q. 11   How near is that to the S. W. Leach farm?
A.  It adjoins it.

Q. 12   On which side?
A.  On the North.

Q. l3   How long have you lived where you are now living?
A.   All my life.

Q. 14   You knew S. W. Leach while he lived?
A.  Yes sir .

Q. 15   Was he related to you?
A. Yes, distantly related.

Q. 16   You knew his wife also?
A. Yes sir.

Q. 17   Have you been on the S. W. Leach farm very much?
A. Yes sir.

Q. 18  How long have you known it?
A.   Practically all my life, since I have been old enough to know anything about it.

Q. 19   You are 45 now, you were about 16 years old when Mr. S. W. Leach died?
A.   Yes sir.

Q. 20   Do you remember when your father bought this farm from S. W. Leach's widow?
A.   Yes sir.

Q. 21   Do you know what he paid for it?
A.  $2,000.00.

Q. 22   Were you with him when he bought it?
A. Well, no, I was not with him at the time. I don't think.

Q. 23   Do you know whether or not your father later sold an interest in that farm to Jake Leach?
A. Yes sir.

Q. 24   How much interest did he sell him?
A. Half interest.

Q. 25   For how much?
A.   $1,000.00.

Q. 26   Do you know when the timber on this S. W. Leach f arm was cut?
A.  The year the bought it or the following year along about that time.

Q. 27   Who cut that timber?
A.  I think Jake Leach cut it.

Q. 28   Who bought it, if you know?
A.  Stimson Lumber Company.

Q. 29   All of it?
A. A part of it was in ties.

Q. 30 Who were the ties sold to?
A.   I don 't know.

Q. 31   Do you know what they got for that timber?
A.  I think $1,000.00, for what they sold to Stimson.

Q. 32   Do you know what they sold the ties for?
A.   No sir.

Q. 33   Do you know who bought them?
A.   No sir, I don't. I don’t know whether they were taken t o the railroad or to the river.

Q. 34  Do you have any idea how many ties they got off that place?
A.  No sir.

Q. 35   Did they sell to Stimson in the tree, or how?
A.   They sold it in the tree.

Q. 36   When did your father die?
A.   In 1935.

Q. 37   When did Jake get rid of his interest in that farm?
A.   About 1936 or 1937.

Q. 38   After your father died?
A.  Yes sir.

Q. 39   Who did he sell to?
A.   My brother S. D. Leach.

Q. 40  How did you other children get rid of your interest?
A.  My father gave it to my brother S. D.

Q. 41  How much did S. D. pay Jake for his half interest?
A.   $400 .00.

Q. 42  Then your father gave him a half interest and the other children made the deed to S. D. - that correct?
A. That is right.

Q. 43   How many children were there?
A.  Six of us.

Q. 44   Including S. D.?
A.  Yes sir.

Q. 45   Who are these children?
A.  Harry Leach, Annie M. Porter, Jobe Leach, S. D. Leach, myself and then Scott.

Q. 46  Jobe Leach 1s now dead?
A.   Yes sir.

Q. 47   Five boys and one girl?
A.   That is right.

Q. 48  Now, I will ask you if your knew about S. D. Leach selling this farm to a man by the name of Adams, in 1943?
A.   Yes sir, but I don't remember his name.

Q. 49  Do you know what he was to get for this place from Adams?
A.  I thin it was $800.00.

Q. 50   Where is S. D. Leach now?
A.   He is at Indianapolis, Indiana.

Q. 51   Hew long has he been out of this state?
A. He has been out of the state most of the time since about 1924. He lived here in this state three different times since, about a year each time.

Q. 52   How long has he been at Indianapolis?
A.   Four years.

Q. 53   Now you say you knew this place of S. W. Leach's, tell the court what kind of buildings were on that farm when Mr. Leach died?
A.  There was a log house that had been weather-boarded and ceiled on the inside. There were two big rooms, and a small kitchen, a hallway between the two big rooms.

Q. 54  Was there an upstairs?
A.  Yes, one finished room up there.

Q. 55  Was that house ever painted?
A.   No sir, There was a small barn~ not very well built.

Q. 56   Do you know anything about the ages of those buildings?
A.   The house was old when I can first remember it.

Q. 57    What other buildings on that place?
A.   A small chicken house.

Q. 58   Any fence on that place when Mr. Leach died?
A.   None to amount to anything.

Q. 59   I believe there were 112 acres in that farm?
A.   Yes sir.

Q. 60   About how many acres in timber was there?
A.   I judge 30 or 35.

Q. 61  What kind of timber, the size, etc.?
A.   Most of it was small timber, some log timber on it. It was Oak principally.

Q. 62  Any soft wood?
A.   Not a whole lot, as I remember.

Q. 63 What about the other part of the farm, other than the timber land?
A.  It was just an old farm, most of it grown up.

Q. 64   How much of it was productive or that you could cultivate and produce crops?
A.  Might little at that time. I would say around 15 acres.

Q. 65  Any of this bottom land?
A. About 2 ½ acres.

Q. 66  Did Jake, or any of the other owner since S. W. Leach owned it do anything to improve the land in any way?
A.   Jake tilled a little of that bottom, put up some fencing, reroofed the house once.

Q. 67   Did Jake Leach live there?
A.  Yes sir, at that time.

Q. 68   How long did Jake 1ive on that farm?
A.   I couldn't say exactly, ten or twelve years.

Q. 69  What, in your opinion, was the fair market value of that farm, the buildings, improvements and timber, in 1919, when your father bought it from Mrs. Finis Leach?
A. I would think that $2,000.00 was a fair price for it.

Q. 70   What would the, surface and improvements have been worth without the timber?
A. I would say $600.00.

Q. 71   Considering the fact that Mrs. Leach was 62 years old when Mr. Leach died, and in poor health, what would her life estate have been worth that time, her life estate only entitling her to live on the farm and have possession, control and use of it, and get the rents and profits from it during her life time, with no interest in the coal or minerals; what
would that have been worth?
A. That would have been worth very little.

Q. 72   About what would you say it was worth, considering her age and the conditions of her health, and considering that she only had the use of the surface and improvements, and got the rents and profits, of course, the purchaser would have to pay the taxes and upkeep?
A.  It would not have been worth over three or four hundred dollars.

Q. 73   You know, of course, Mr. Leach's children, do you not?
A.  I don’t know as I would know all of them.

Q. 74   That is Oscar over there, do you know him?
A.  No, Oscar left out there when I was small.

Q. 75   Did you know Leslie Leach?
A.  Yes, I knew him.

Q. 76   He died about a month before his father's death?
A.  Yes sir.

Q. 77   There was Clyde. Did you know him?
A.  Yes sir.

Q. 78  Do you know where he was living when Mr. Leach died?
A.  No sir.

Q. 79   Where was Chester Leach living when his father died?
A.  On an adjoining farm, on the east side of this place.

Q. 80    Did he own a farm adjoining his father's farm?
A.   Yes sir.

Q. 81   Was he living there when your father bought that farm?
A.   Yes sir.

Q. 82   Do you know whether or not he advised his mother to sell the farm?
A.  That is what I have heard.

Q. 83 You don't know that of your own personal knowledge?
A.  No sir.

Cross-examined by Claude E. Smith, attorney for plaintiffs.

Q. 1 You say you lived on an adjoining farm to the S. W. Leach farm?
A.  Yes

Q. 2   How does the farm you live on compare with this S. W. Leach farm?
A.  We have more bottom land.

Q. 3  The upland about the same quality?
A. Yes sir.

Q. 4  I believe your father owned the farm you now live on when S. W. Leach died?
A.   That is right.

Q. 5   The Stimson Lumber Company did not get any timber from this farm, except log timber, did they?
A.   That is right.

Q. 6   Such timber as could be sawed into lumber?
A.   That is right.

Q. 7   I believe you say the greater part of this timber was not log timber?
A.   I said it was small timber.

Q. 8  Was the greater part of this tie timber?
A.    A lot of it was.

Q. 9   Half of it?
A.   No, I don't know as I would say half of it.

Q. 10  You say it consisted of White Oak and Black Oak?
A.   Yes sir.

Q. l1    Was this good sound timber?
A.   Well, I don’t know if it was all, some trees possibly were damaged.

Q. 12   What relation was Jake Leach to your father?
A.   He was a nephew.

Q. 13   You say he lived on this Leach place ten or twelve years?
A.   Something like that, I don't know just the exact time.

Q. 14   Was this farm occupied by anyone else after Jake left it?
A.   Yes sir.

Q. 15   Who lived there last, or after he moved away?
A.  There was several lived there.

Q.16   Would you recall any of them?
A.   Clay Baird lived there one year, Kenneth Davis one year, and Boyce Phelps lived there, I don't know just how long.

Q. 17  Is the property habitable now?
A.   No

Q. 18  How long has it been uninhabitable?
A.   About three years.

Q. 19   That dwelling house has practically rotted down?
A.   There is a lot of lumber in it yet. Over one room the roof has fallen in.

Q. 20   The barn is gone?
A.  Yes sir.

Q.21   The other outbuildings are all gone?
A.  They have fallen down.

Q 22   How long since this has been occupied by any one living there?
A.   About three years.

Q. 23   How long since any of the land was cultivated or kept up in any way?
A.  Around three years, I guess. Something 1ike that.

Q 24    What kind of crops have been grown on that place since Mr. Leach died?
A.  There has been corn, and one or two crops of dark tobacco.

Q. 25   Do you know anything about what was received for the timber that was sold to Stimson Lumber Co., except what you have been told.
A. That is all.

Re-direct examination by Otto C. Martin, Attorney for defendant.

Q. 1   Who told you what they got for the timber?
A.  My father, I guess.


END

Wednesday, August 27, 2014

Testimony of C. Wayne Leach from Leach vs Leach lawsuit.

The following testimony of C. Wayne Leach was taken 11 February 1948; this post is the eighth of eleven. The background (explanation) for this testimony can be found in my post dated 23 July 2014.


OHIO CIRCUIT COURT (1948)

Chester F. Leach, Clyde F. Leach, Oscar Leach, Otis Leach, Ersa Leach, and Samuel Leach, Plaintiffs.

vs.

S. D. Leach, Defendant.

DEPOSITIONS FOR DEFENDANT

Also the deposition of C. Wayne Leach taken at the same time and place and for the purpose stated in the caption. Witness being first duly sworn and examined by Otto C. Martin, attorney for defendant, testified as follows.

Q. 1   State your name?
A.   C. Wayne Leach.

Q. 2   How old are you?
A.   I am 54.

Q. 3   Where do you live?
A.   I live just out of Hartford.

Q. 4   Where were you born and reared?
A.   Near Bald Knob.

Q. 5   Or Rob Roy?
A.   Yes sir.

Q. 6  Whose son were you?
A.   My father was Black Leach.

Q. 7   How old were you when you left that community?
A.   Well, it has been about 16 years. I was about 38 years old.

Q. 8  Did you know S. W. Leach?
A.   I did.

Q. 9   Were you related to him?
A.  Yes sir.

Q. 10   Know his wife, Mrs. Finis Leach?
A.  Yes, I knew her. I was not related to her only by being married to Uncle Sam.

Q. 11   How far was the farm on which you lived from the farm where Mr. S. W. Leach lived when he died?
A.   About two miles I guess.

Q. 12   Your farm was down toward Beaver Dam?
A.  Yes sir, on the Old Hartford and Morgantown road close to the old Brick House graveyard or what is known as the cedar field.

Q. 13   How long had you known that farm?
A.   All my life.

Q. 14   Were you on it frequently?
A.   I used to be on it quite a bit, in uncle Sam's life time.

Q. 15   Do you know about the buildings on that farm?
A.   Yes sir.

Q. 16   Tell the Court about the kind and character of t he buildings on that farm  when he died?
A.   They were in pretty bad shape.

Q. 17   What kind of dwelling house was there?
A.   A log house, weather-boarded. I don’t think it ever had any paint on it, not in my  knowing. I would not consider it very much of a house at that time.

Q. 18   What age was it?
A.   I judge it had been there a generation or two.

Q. 19  What about the other buildings?
A.   The barn was fairly good, just a small barn.

Q. 20   A frame barn?
A. Yes sir.

Q. 21   Any other buildings on the place?
A.  None to amount to anything.

Q. 22   Do you know about the timber on this farm?
A.   There was some timber on it, I remember.

Q. 23  . About how much would you say, how many acres?
A.   I would suppose around 30 or 35 acres.

Q. 24    What character of timber?
A.   Short-bodied timber, not long bodied.

Q. 25   Very large?
A.  Not large, no.

Q. 26   What was the character of the soil where this timber was growing?
A.   It was thin.

Q. 27  How about the other part of the farm?
A.   It was about worn out since I can remember.

Q. 28   How much of that farm was suitable to raise crops on or suitable for cultivation?
A.   A very small amount.

Q. 29   How many acres?
A.  I would not think over 10 or 12 acres.

Q. 30   Did Mr.  S. W. Leach farm very much?
A.   A little patch of corn is all I ever saw growing there.

Q. 31   I believe he was county assessor at one time?
A.   Yes sir.

Q. 32   Was also deputy assessor and magistrate?
A. Yes sir.

Q. 33   And did not do much farming?
A.  No sir, and he had a bunch of bees he messed with quite a bit.

Q. 34  In 1919 what was the condition of the roads in that section of the county?
A. They were quite bad.

Q. 35  Were there any state roads or rural highways then?
A. No sir.

Q. 36   Nothing but county roads?
A.  That is all and they got impassable in places in the winter time.

Q. 37   Were there any sales of land in that section in 1918 and 1919?
A.   No sir, not to amount to anything.

Q. 38   How would price of farm land at that time compare with prices of farm lands now?
A. Then they were away below what they are now.

Q. 39  What about the difference in the price of farm products then and now.
A.  They were not a fourth as high as now.

Q. 40   Do you remember when that farm was sold to J. N. Leach?
A.   Yes sir.

Q. 4l   Were you living in that community at that time?
A.   Yes sir.

Q. 42   Were you present on the day that Mrs. Leach sold the personal property, at the sale?
A. Yes sir.

Q. 43   What in your opinion was the fair, reasonable market value of that farm, surface, timber and improvements at that time?
A. Well, I think $2,000.00 was a good price at that time.

Q. 44   You mean including the timber?
A. Yes sir.

Q. 45  What was the farm reasonably worth without the timber?
A.  $800.00, maybe $1,000.00.  I would not want it at that.

Q. 46  If the purchaser were only buying Mrs. Leach’s life estate, she being 62 years of age at the time and in poor health, her life estate giving the purchaser only a right to possession and use of the farm during her life time, no right to the timber or minerals, what would you say that would have been worth?
A. It would have been worth mighty little.

Q. 47  What in your opinion would it have been worth, assuming she was 62 years of age and in poor health?
A.   I don't see how a fellow could give over $100.00 a year, the condition the place was in.

Q. 48   Do you know when the timber was cut off?
A.  I remember when it was cut off.

Q. 49   About how long after Jasper Leach bought that farm before the timber was out off of it?
A.  I don't remember just about that, but not long.

Q. 50. Do you know what they got for that timber?
A.  My understanding was they got $1,000.00.

Q. 51  Jake Leach out that timber , I believe?
A.   Yes sir.

Q. 52   Was any of that timber large enough for lumber?
A.  Some, yes sir.

Q. 53  What about the biggest portion of the timber?
A. The biggest portion was tie timber.

Cross-examination by Claude E. Smith, Attorney for plaintiffs.

Q. 1  What species or kind of timber was on that place?
A.  Principally Oak.

Q. 2   White Oak and Black Oak?
A.  Yes sir.

Q. 3   You say there were 30 or 35 acres in timber?
A.   Yes sir.

Q. 4   Have you seen that farm recently?
A. I haven’t been out that way for two or three years.

Q. 5  Do you know whether the house and barn are now gone?
A.  They were still there tow or three years ago when I was there. I don't know about them now

END