Leach Lawsuit
and Deposition
In 1947 or 1948 a lawsuit
was filed in the Circuit Court of Ohio County regarding the sale of a farm in
1919. The plaintiffs alleged that the defendant’s deceased father used undue
influence to get a widow to sell her farm for less than full value. This lawsuit pitted family members against
each other, as the plaintiffs were: Chester Leach, Clyde Leach, Oscar Leach,
Otis Leach, Ersa Leach, and Samuel L. Leach (all were represented by Claude E.
Smith); and the defendant was S. D. Leach (thought to be Septimus Delimar
Leach), who purchased or inherited the farm from Jasper Leach, his father, who
had purchased the farm from the Widow Leach in 1919. The defendant was
represented by Otto C. Martin.
The farm in question (the Leach Farm) was
located in the Bald Knob area of the county (also referred to as the Rob Roy
section), which is East of Hartford a few miles. Bald Knob Road now runs
North-Northeast from Hwy 231 (the road from Beaver Dam to Cromwell), crossing
under the William H. Natcher Green River Parkway, to a road now known as
Sandefur Crossing-Rob Roy-Oak Grove Road (and this road continues on for a mile
or two). The farm in question is located on the north side of the road at point
“A” on the following map (Point “A” is on the Bald Knob Road).
The widow, Finis (Swain)
Leach (1857-1937), lost her husband, Samuel William Leach (1851-1918), to the
flu in December 1918 (she also lost one of her sons to the flu a month earlier). Mrs. Leach sold the family farm to Jasper
Leach in 1919 and moved to Beaver Dam to live out her life.
Finis (Swain)
Leach, and her husband Samuel William Leach, were my paternal
great-grandparents. They both died before I was born. One plaintiff, Samuel L.
Leach, was my father – he and his twin siblings (also plaintiffs), Otis and
Ersa, were the only children of Leslie Leach (my grandfather), who died of the
flu before this lawsuit was filed. The
other plaintiffs, Chester, Clyde and Oscar, were my deceased grandfather’s
siblings. In other words, the plaintiffs
were the three living children of Samuel William Leach, plus the three children
of his deceased child, Leslie. I have
visited this farm twice in the last few years and there is a Leach family
cemetery located there. The home and
barns are all gone.
There was a deposition
taken February 11, 1948 of eleven witnesses, all of whom were neighbors or local
people that the lawyers thought might have knowledge of property values in 1919,
plus specific knowledge of the Leach farm.
The principal issue of the lawsuit was whether or not the Widow Leach,
who was deceased when the lawsuit was filed, had received fair value for the
farm when she sold it in 1919. I do not
know the outcome of the lawsuit, but the outcome is not the interesting part.
What should interest you
is the testimony of the eleven witnesses. These witnesses are: Charles Fulton,
L. L. Leach (Leonard Luther Leach), O. D. Miller (Orvin Dewell Miller), Laban
Hines, F. M. Williams (Fielden Malin Williams), Rob Williams, Roy Williams, C.
W. Leach (Cecil Wayne Leach), Clay Leach, Martin Porter, and Arthur Haven. The
testimony is under oath and each witness reveals a small bit of information
about himself.
Depositions are pre-trial testimony
and are usually conducted in a lawyer’s office and the witnesses testify under
oath. The reason for taking depositions is to find out what the witnesses will
say prior to trial. Then, at trial, the
lawyers will not be surprised and the witnesses cannot change their
testimony. And, if a witness is
unavailable to testify at trial, the deposition can be presented as the
in-court testimony of the witness. So,
this series of depositions was routine trial preparation for the lawyers. For the most part I have left the typing
errors and spelling errors intact, only changing a few of them to make the
testimony easier to understand.
While many of the
questions and answers are repetitive, I think you will find the testimony
interesting. If you are lucky enough to
be related to one of the witnesses or to the Leach family, I know you will find
it interesting. It tells quite a bit
about the farms in that part of the county; the timber; crops; roads; etc. Also, I found the colloquialisms used by the
witnesses entertaining and interesting.
Each witness was paid
$1.00 for attending the deposition. The
deposition ends with the following legal jargon:
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
The depositions is more
than 60 pages in length. I plan to post
each person’s testimony as an individual post; so, the next eleven posts will
be the testimony of these eleven witnesses.
My plan is to post a different section of the deposition (a new person’s
testimony) about every three days until the entire deposition has been posted. So it will take about a month to post the entire deposition.
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