Jeremiah Bush vs. Lyndon Comstock and John Holladay

Filed October 1816  Clark County Kentucky Circuit Court    bundle 325

Submitted by Lyndon Comstock, lyndoncoms@aol.com, 9/8/2006

Introductory notes by Lyndon Comstock:

For a summary of this case, see my notes at the end.

I�ve changed the page order of the documents in this file as I received them to put them into chronological order.

Comments by me, including the page titles, are in brackets and/or italics.  I have tried to retain the spelling and punctuation of the handwritten original, which is often only barely legible.]

Cover pages

Bush vs Comstock &c   Bill  [�&c� has the same meaning as �etc�, or in this context, �and others.�  �Bill� in this context refers to the bill of complaint]

/Filed 3rd Oct 1816    att Sam M Taylor cc cc [Taylor was attesting as the court clerk]/ 1817 Mar cont/ June cont/ September cont/ March 1818 contd/ June 1818 Inty [Interlocutory] Decree & contd/ September Continued/ 1819 March Contd/ June Contd/ Septr Contd/ 1823 Mar Cond

Bush vs Comstock

Papers  325  [325 is bundle number]

/1823 Septr cont/ 1824 mar cont/ June cont/Sept cont

1825 mar cont/ June cont/ 1826 mar cont/1826 June cont�d/

1826 Contd/ 1827 Mar cont 1827 June cont/ 1827 Sept Decree final

Injunction, dated September 1816

This writ shall enjoin the written named Holliday from paying or delivering to the said Comstock or any other person & from conveying away untill the further order of this court any part of this said Lyndon Comstocks proportion of the estate of Ambrose Bush decd which has heretofore or which may hereafter come into his hands until the matter the matter [repeated in original] contained in the within mentioned bill shall be heard.

att  Sam M. Taylor

Bush vs Comstock and Holliday  Sept 1816

/Not executed on Linden Cumpstock he being no Inhabitant of this Commonwealth

James Brasfield Dept for [illegible letters] Combs/

Executed on the within named John Holladay 5th Octo 1816

James Brasfield Dept for ...Combs

Bill (complaint) of Jeremiah Bush vs Lyndon Comstock and John Holladay  filed October 3, 1816

Clarke Circuit, Sept Term 1816

Sworn to in open Court by Jeremiah Bush this 3d Oct. 1816  Att Sam M. Taylor cccc

To the Judge of the Clarke Circuit Court Chancery [illegible word]

Humbly complaining [illegible word] unto your honor your orator[?] Jeremiah Bush that one Lyndon Comstock (who is prayed to be made a defendant to [this?] bill) in the year 1814 left this State and abandoned his wife Julia Comstock, (who is your orator�s [?] sister) with out any provision for her support or maintenance � that your orator [?] furnished the said Julia with necessary boarding lodging, washing and clothing during two years and some days (not exceeding a month) that the boarding lodging, washing & clothing so furnished by your orator [?] to the said Julia were indispensable to her comfort � were necessaries and suitable to the defendant�s estate and degree � that during almost the whole of the same time your orator [?] kept and subsisted the said Comstock�s negro girl & horse [the following words are crossed out in the original: which he had left with his wife � furnishing the said negro girls clothing...the remainder of the crossed out words are not legible] your orator [?] charges that the said Comstock is justly indebted to him in the sum of two hundred dollars at least for the boarding clothing washing lodging and the necessaries so as aforesaid furnished to the said Julia Comstock � and for the keeping and subsisting &c of said negro girl and horse [missing line in the original at this point] � that the said Comstock has not [missing word: given?] your orator [?] any part of said two hundred dollars � your orator [?] further shews that the [said?] Comstock has not yet returned to this [State?] � but still continues in parts beyond [the?] jurisdiction of this Court or of any other [court?] in this State � and consequently that [missing words] without remedy, against said defendant, by the ordinary process of law � that [said?] defendant is entitled to a large sum of money and some portion of negroes, in [illegible word] proportion of the negroes and personal estate of Ambrose Bush deceased � that John Holliday (who is also prayed to be made a defendant to this bill) obtained from the Clarke County Court letters of administration on the said Ambrose�s personal estate and as such the said Holliday now has the possession of said negroes and personalty � but the amount thereof your orator [?] does not know � Your orator [?] also shews that the said Ambrose died [illegible word] of a tract of land containing three hundred & twenty five acres and lying in Franklin County � and [several words crossed out in original] to an undivided sixth part of which land, the said Comstock is entitled during the joint lives of him and his said wife be being one of the children and heirs at law of said Ambrose � For the end therefore that said defendants may be compelled true and perfect answer to make to the allegations of this bill as if the same were again propounded to said defendants by way interrogatory � that the said defendant Comstock may be decreed to pay to your orator [?] the aforesaid two hundred dollars with interest thereon until paid � and the costs of this suit � that the defendant Holliday may set forth the amount of monies and the value of the negroes coming to his co-defendant, on account of his portion of said Ambrose�s estate � that the said Holliday may be enjoined by order of this [Court?] from paying [?] or delivering to the said Comstock, or any [other?] person & from conveying away , until the final hearing of this cause, any part of the said Comstock�s portion of said Ambrose�s estate which has heretofore or shall hereafter come into said Holliday�s possession � and that at the final hearing of this cause your orator [?] may have a decree against said Holliday for the amount of your orator�s [?] claim against his co-defendant [illegible word] the [missing word] shall be that amount of the effects [?] of the defendant Comstock in the hand of said Holliday � and in case of a deficiency the said Comstock�s interest in said land may be sold to satisfy it and [page is torn, a portion of each line after this is missing] may have such other and [missing words] to equity may seem most [missing words] pray the Commonwealth�s [missing words] directed, with an [missing words] injunction -   Hanson [the attorney for the complainant]

Bond (?) dated October 3, 1816 by Jeremiah Bush and George Taylor for $400 for injunction against Lyndon Comstock and John Holladay

Know all men by these presents that we Jeremiah Bush and George G. Taylor are held and firmly bound unto Lyndon Comstock and John Holladay, administrator of Ambrose Bush deceased in the sum of four hundred dollars to the payment of which to said Comstock & Holliday we jointly and severally bind ourselves our heirs &c as witness our hands and seals this 3d day of October 1816 �

The condition of the above obligation is such that whereas the aforesaid Bush hath this day obtained from the Clarke Circuit Court an injunction or attachment agreeably to the prayer of his bill therein depending against said Comstock & Holliday � Now if the said Bush & Taylor or either of them shall pay to the said Comstock & Holliday such damages and costs as may result to them or either of them by reason of the said Bush obtaining said injunction and also all such costs & charges as shall be awarded [illegible word] him in case he shall not prosecute said bill with success � then and in that case the above obligation shall be void � otherwise to remain in full force and virtue [signed] Jeremiah Bush   Geo G Taylor  Signed, sealed & delivered in the presence of [signed] John H Barney

Notice of depositions dated April 28, 1817 (the original also includes an acknowledgment of receipt by John Holladay which I haven�t bothered to transcribe)

Mr. John Holladay, Admrs of Ambrose Bush decd take notice that I shall attend at house of Ambrose Christy, Esqr in Clarke County on the tenth day of May next between the hours of nine oclock in the morning and Six in Evening to take the deposition of sundry persons to be read as Evidence in a Suit in Chancery now depending in the Clark Circuit Court where in I am Plaintiff and you and Comstock are defendant and shall Continue from day to day until the whole are taken.  April the 28th 1817 [signed] Jeremiah Bush

Depositions of John G. Bush (brother of Jeremiah Bush) and William Wiglesworth taken in May 1817

The Deposition of John G Bush of lawful age taken at the house of AChristys in Clarke Count on the 10 day of May 1817 in a Sute in chancery in the Clarke Circuit court whare in Jerimiah Bush is complainant and Lyndon Comstock and John Holladay administrator of Ambrose Bush Desest defendant and After Being first Sworn Deposeth and Saith

Question by the complainant

Do you not know that July Comstock Lived and Bordid with me for Tow years

Answer  I was frequently at your house with in the time and believe she did

Question by the same

Do you not Know that I Kep a hors and young negro for her neer Two years and did not you heare her say that My house was her home

Answer  I have friquently heard her say it was her home I believe it was for upwards of two years and that Jeremiah kep and maintained a horse and negro girl for near two years

Question by the same

Did not you heare July Comstock say that I was intitled to Two hundred Dollars or more Before She left this cuntry

Answer  I heard you Claim two hundred dollars of Julia � She acknowledged that she was indebted that much and more if you requested for board and maintenance of myself negro & horse and further this Deponent saith not

[signed] John G Bush

Also the Deposition of William Wiggelsworth of Lawful age Taken at the same time and place and after Being first Sworn Deposeth and Saith  I heard July Comstock say that she was indebted to Jeremiah Bush the amount that was spoken in John G Bush�s Deposition is Just and True and further this Deponent Saith not

[signed] Wm Wiglesworth

[Note by AChristy, Justice of the Peace, stating that depositions were sworn before him on May 10, 1817]

Notice of depositions to be taken in June 1817

John Holaday Take notice on Saturday the 21st of June 1817 at the house of Henry McCaffaty in Clarke County on Lower Howards Creeke I shall take the depositions of sundry witnesses to be read as evidence in a suit in chancery in the Clarke Circuit Court between you and Lyndon Comstock Defendant and I am Complainant  June the 17th 1817

[signed] Jeremiah Bush

Depositions of John G. Bush and William Wiglesworth, first set taken June 21, 1817; second set taken September 13-15, 1817

The deposition of John G. Bush of lawful age taken at Hugh McCaffetys in Clarke County on the 21 Day of June 1817 to be read as evidence in a Sute in Chancery Depending in the Clarke Circuit court where in Jeremiah Bush is complainant and Lyndon Comstock and John Holladay administrator of Ambrose Bush Desest Defendants and after Being First Sworn Deposeth and Saith

Question by the complainant  do you not Know that I borded Nancy J Cumstock For Two years and a young negro and Hors for her also

Answ I believe you boarded her upwards of two years & her negro & horse near two years

Question by the same  What do you think it was worth for Bording of her and negro and keeping her hors for the time above stateid

Answer  Two hundried Dollars  [signed] John G Bush   and further the Deponient Saith not

Also the Deposition of Wm Wiggelsworth of Lawful age taken at the same time and place aforsaid to be read in the same sute as before mentioned and after being first Sworn Deposeth and Saith

Queston by the same  What do you Know Consarning the Bording of July Comstock and her negro and hors and how long Do Believe She and her negro and hors Staid With me and what Do you think it is worth for Keeping of them

Ansr   I Believe She and negro and horse Staid the full time that was mentioned By Capt. J Bush in his Deposition Before mine and Two hundred dollars is little anuf for Keeping of them To my opinion and further this Deponent Saith not  [signed] Wm Wiglesworth

Clarke county Towit

The fore going Depositions was subscribed To and Sworn to agreeable to law and Notice Given under my hand this 21 day of June 1817  [signed] AChristy

Justice fees paid By the complainant  $1�

The deposition of John G Bush of Lawful age Taken at Hugh McCaffety in Clarke County on the 13 day of Sept 1817   To be read as evidence in a Sute in chancery in the Clarke Circuit cort  Whare in Jerimiah Bush is complainant and Lyndon Comstock and John Holladay administrator of Ambrose Bush Desest is Defendant and after Being first Sworn Deposeth and Saith that Lindon Comstock went off and abandoned His wife, and left her Destitute of a home as fare as I Believe  that his Wife then Bordid for Two years with Jerimiah Bush and at the same time he Kep Comstocks Negro Gairl and hors and supported Her During that Time for which he aught to have one hundred and forty five Dollards and for His negro [illegible word, looks like egail] he aught to have Twenty Five Dollars and hors neare that time He aught to have thirty Dollars as I think that Comstock has not yet returned or maid any provision for his wife and that he is yet as I Belive from Report out of the State, and further this Deponent Saith not  [signed] John G Bush

Continued untill Monday the 15 of this instant

Also the Deposition of Wm Wiggelsworth of Lawful age Taken at the Same House on Monday the 15 to be read in the same sute that John G Bush�s Deposition is to be read as appears above and after being first sworn Deposeth and saith  [The following two paragraphs actually appear on the preceding page, p. 26]  The Deposition Taken from John G Bush Before mine as appears, I belive is Just as can Be and the charges Stated in John G Bush�s Deposition is Just to my opinion in Every case and I am of the same opinion of him in all of His chargies whitch he namd in his Deposition and further this Deponent saith not  [signed] William Wiglesworth

Clarke County Towit

The fore Going Depositions Subsiribed to and Sworn to agreeable to law before me AChristy a Justice for sd county given under my hand this 15 day of Sept. 1817

[signed]  AChristy J P

Holladay�s answer filed October 1817

[includes the notes:]  Holliday Adm of A. Bush ady J. Bush  Answer  /filed Octo 1817/ January Spl term 1820 Contd/ Mar Continued/ June Continued/  Clarke Circuit, Sept. term 1817  Sworn to by Jno Holliday in open court as required by law  2d October 1817  att  [signed--Sam M. Taylor]

The Separate answer of John Holliday Admr of Ambrose Bush deceased to a bill in chancery exhibited against him in the Clarke Circuit Court by Jeremiah Bush � This deft [illegible word] for answer to sd Bill of Compt or to much thereof as he is advised is material for him to answer unto answers & says � That he knows nothing of the circumstances of Julia Comstock wife to Linden Comstock having boarded  two years with sd complt but supposes if she did, her assistance in the family was equal or nearly to her board � He requires proof that she did live there on the terms of a boarder - & suggests that the charges agt sd Julia, even supposing she did board there, as alleged by said Compt are too high & much above the common prices of boarding in the neighborhood.generally � He further answers & says that the amount of sd estate is about $ [blank in original] (as will appear by the list of sales, inventories & herewith filed & made part of this answer) � that he holds in his possession as admr afsd a bond on said Complt for $308 � due, he thinks, the 1st day of January 1818.  Besides those inventories as above stated � This deft further states that Ambrose Bush left seven children, who equally entitled to his estate, making about the sum of $ [blank in original] due each child, one of whom sd Julia Comstock is sd Complt is another   The deft knows nothing of the 323 acres of land charged in the complts Bill as belonging to sd Ambrose, & hopes your honor will do whatever is just and equitable in the premises � And allow complt whatever he may be justly entitled to, if he is entitled to anything, & having fully answered prays to be hence dismissed with his costs herein expended 

[signed] John Holladay [followed by an illegible phrase, looks like Convs for Def]

Interlocutory Decree, apparently issued in 1818

Bush vs Comstock &c

This cause having been heard [several illegible words] and it appearing to the court, the the order of [illegible word] heretofore awarded against the defendant has been duly publish, and the said Comstock sill failing to enter his appearance agreeable to [illegible word]   It is decreed and order that the compts [?] bill be taken against him as [illegible word]  And it is further decreed and ordered that the said deft Comstock pay the compt the sum of two hundred dollars, with interest thereon at the rate of six per cent pr annum from the last day of August 1816 until paid  And to enable the court to decree payment of the above mentioned sum out of the funds of the said Comstock in the hands of the deft Holladay  It is further decreed and ordered that David Hampton Saml M Taylor and Henry W [last name illegible] who or any two of them are directed to take an account of, and report to this Court the money and property due the said Comstock as [illegible word] of the [illegible word] of Ambrose Bush decd in right of his wife Julia Comstock late Julia Bush, now in the hands of the deft Holladay and taking such account to allow to the said Holladay as administrator of sd Bush decd all just [illegible word] due the estate of the sd Ambrose decd and the said Holladay as ordered � and make report to this court untill which time the cause is continued.

[no date or signature is included, this apparently was issued in 1818]

Bill of revivor filed by the attorney (Hanson) for Jeremiah Bush October 13, 1825 (to restart the court proceedings in this suit)

Bush vs Comstock Bill of revivor Filed 13th Octo 1825

The Bill of revivor exhibited by Jeremiah Bush to his original bill in the Clarke Circuit Court against Lyndon Comstock & John Holliday

Your orator [?] shews that since he obtained his interlocutory decree herein the defendant John Holliday died and David Hampton obtained from the Clarke County Court letters of administration on said Holliday�s estate � and your orator [?] prays that said Hampton as administrator aforesaid, be made defendant to this Bill and against him your orator [?] prays such decree as has asked against said Holliday and he prays that said suit and interlocutory decree may stand revived against said Hampton as administrator aforesaid that said decree may be carried into execution � that said Hampton may set forth what estate he has in his hands of the effects of said Holliday � and particularly, that [the following portion is on the preceding page, 34] he answer whether he hath not in his hands, as administrator, as much of said effects as will be equal to the distributive share of Lyndon Comstock in the estate of Ambrose Bush deceased or at least as much thereof as is sufficient to pay the amount decreed to your orator [?] by said interlocutory decree as well as the costs of this suit and he prays as in his original bill

Hanson for Compt

Answer filed July 5, 1826 by David Hampton as administrator for John Holladay to revival of suit by Jeremiah Bush

The answer of David Hampton to a Bill of revivor filed in the Clarke Circuit Court by Jeremiah Bush against him as a admr of Jno Holladay decd

The defendant saving and reserving all exceptions in answer to said Bill states.  That he knows nothing of the original justice of the claim set up by the Compt.  But he has been informed and believes that Holladay his intestate, after the interlocutory decree herein paid to the Compt, or settled with him in some way, the whole, or the greatest part of said decree �

He states that said Holladay for the purposes of raising money to satisfy said decree sold a negro boy at public auction for the sum of $ [blank in original]  Supposing that said decree authorized him to do so and said boy at the time of sale belonged to said Lyndon Comstock in right of his wife as part of the estate of Ambrose Bush decd and out of the price of said negro boy he paid said money to the Complainant in satisfaction of the present demand  He further states that since that time Jackson�s executor brought a suit for the price of said boy against this defendant, in this Court, on the Common law side thereof, on the ground that Holloday sold him without being empowered so to do, and said suit is yet pending in the Court of Appeals the plaintiff having in this Court recovered a judgment for the price against this defendant as admr of said Holloday, the record and proceedings in which suite are here referred to and prayed to be taken as part of this Answer.

The defendant further states that he has been informed and believes that Julia Comstock the wife of said Lyndon Comstock with the aid and assistance of the Complainant who is her brother, sometime after the sale of said boy by Holloday, secretly took said negro boy away from the possession of the [Vendee?] and rode him off and secreted him, so that he could not be found and has not since been discovered and in consequence thereof, said suit was brought by Jackson�s executor against this defendant for the price of the said boy, and if the defendant as admr of Holloday has to pay eventually the price of said negro boy to said Jackson�s executor he contends that the present claim of the Complainant fails, and furthermore that he, to wit the Compt, is bound to refund the money paid to him by said Holloday.

He states that he is informed that said boy was all or nearly all of the estate of Lyndon Comstock in the hands of said Holloday at the time said decree was rendered in this suit, said Comstock having previously received part of said Ambrose Bush�s estate by way of advancement.

He also states that there is a suit in chancery now pending in this Court in which Francis Walker was Complainant, and said Jno Holloday was deft now revived against this deft as said Holloday�s admr, in which there was an interlocutory decree against said Holloday, also to pay [illegible word] debts due by said Comstock, the record and proceedings in which suit are also here referred to and prayed to be taken as part of this answer, in which the Compt is asking to recover his demand out of the same fund.  And this deft hoped that all these claims will be taken into consideration by the Court, and equity done in the premises.

This defendant also is advised to contend that the Complainant has no right in equity to carry on this suit, unless this defendant had recd some of the estate of said Ambrose Bush decd into his hands as Holloday�s admr which he denies having done

This defendant is also advised to say that the interlocutory decree rendered herein was made without having the proper parties before the Court, and is clearly erroneous, inasmuch as all the distributees of said Ambrose Bush decd, are as he is advised necessary parties.  He prays what other and further relief his case may require and to equity belong.

Clark Count ct

This day David Hampton Came before me the undersigned Justice of the peace for said County and made oath that the above answer as far as his own knowledg is true and as far as from Information he believes to be true  Given under my hand this 3rd day of July 1826  [signed] Jas Wood

Depositions of Jesse Wilcoxon and of Samuel Hanson taken March 3, 1827.  Samuel Hanson is Jeremiah Bush�s attorney and, as such, declines to respond in the second deposition.  One wonders if the judge later directly asked for Hanson�s response�perhaps the concept of attorney-client privilege didn�t exist at that time? The first deposition states that Bush received $200 from Holladay and, along with the two Eubank depositions, may have been pivotal to the suit being dismissed.  One can see Bush and his attorney�s efforts to redirect the implication of the testimony.

The deposition of Jesse Wilcoxon taken at the office of Allan & Simpson [these are the same attorneys used by Hampton, Administrator of Holliday and Jesse Wilcoxon was also a witness in the Jackson vs Holliday case] in the Town of Winchester on the 3rd day of March 1827 to be read as evidence in a suit in chancery pending in the Clarke Circuit Court in which Jeremiah Bush is Compt [Complainant] and Comstock & others are deft taken for defts [i.e., this deposition was taken for the defense]

The deposition of Jesse Wilcoxon who being first sworn deposeth and sayeth, that in a conversation with the complainant Jeremiah Bush he the said Jeremiah stated that he had about the sum of about two hundred dollars part of the debt sued for [the following phrase was inserted in the original--being the debt due to him from Comstock] from Holliday in the way of a discount of some money he was owing the said Ambrose Bush estate.  This conversation took place between us as we went out of the town of Winchester together on our road home

By Complt � Do you remember what month or year the above conversation took place �

Answer � I dont recollect at present, I did not charge my memory as to the time �

By Same � How many times has your deposition been taken in this cause?

Answer � I think I have before given my deposition between these parties stating in substance what I have now stated

By same  Is not the conversation above mentioned in this deposition the same conversation which you detailed in a deposition given by you in suit in the Clarke Circuit Court in which Ambrose Bush heirs are complainants and John Hollidays admn is defendant pending?

Answer  Yes tis the same conversation �

By same  Had you any other conversation with him on the same subject and if so what was it?

Answer  I had one more conversation with you on the same subject and previous to the one above detailed � It took place in my house �

By same  Were these all the conversations you had on the this subject �

Answer � Yes all that I recollect of �

By same  Had you any conversation with me about my father�s estate, except the one above detailed?

Answer  I dont recollect any � what is before detailed is not all the conversation � the balance of it was this, as we rode along from Winchester on our way home you had asked me how I came by my information about the Holliday business I told you that when Holliday was sick I went to see him, he said he was very ill and that his business was unsettled, that is his Bush business or business with Bush: but that if he could get to Town he could very easily settle it that about one hundred dollars would settle it  You observed that you thought the old man was pretty correct, that you had received about two hundred dollars, in the way of a discount of what you was owing the estate �

By same  Did you know then of a suit which I had against Holliday and Comstock?

Answer  I think I had heard of such a suit

By same  Did you not infer from the conversation that the $200 debt was between Holliday and myself and had nothing to do with my father�s estate �

Answer  I did not infer any thing about it and further the deponent saith not

[signed]  Jesse Wilcoxon

Also the deposition of Samuel Hanson taken at the Same time and place

Question by defendant  Did or not Jeremiah Bush once tell you that the demand in this case was satisfied or nearly so

Ans � In the year 1819, I asked the complainant why he did not carry into execution the interlocutory decree in this cause, by convening [?] the Commissioners [?] as therein [illegible word] � I was then and am now his counsel in this suit � and his communication to me I do not feel at liberty to disclose unless so ordered by the Court, to which I refer the propriety of my answering the above question � The only conversation which I have even had with Complainant on the subject [illegible word] once the commencement of this suit [illegible word] which I have always been Complainants counsel and further the deponent saith not

[signed]  Saml Hanson

[Depositions conclude with a statement by a justice of the peace, whose name is illegible, that the depositions were sworn to before him.]

Depositions of Stephen Eubank and A. Eubank taken May 26, 1827

The following depositions were taken this 26th of May 1827 agreeably to Notice to be read as evidence in a suit in Chancery now depending in the Clark Circuit Court wherein Jeremiah Bush is Complainant and David Hampton administrator of the Estate of John Holaday Decd is Defendant and also Linden Comstock and others are Deft � the depositions were taken at the law office of Allan and Simpson in the Town of Winchester.

The deposition of Stephen Eubank of lawful age and being first duly sworn deposeth saith after being interrogated � That he was present at a conversation between the Complainant Jerimiah Bush and this deponents father of and concerning a negro boy which had been the property of Ambrose Bush and which had been assigned to the wife of said Comstock who was one of the daughters of said A. Bush decd and which [the next line of text is missing] interlocutory decree of the Clark Circuit Court in which the said Jerimiah Bush was complainant and said Comstock was Deft

In which conversation said Complainant stated that the said John Holladay had sold said Boy under said interlocutory decree and that he the complainant had received two hundred dollars of the Money for which said Boy sold or upwards � he further states that Congreve Jackson was the purchaser of said negro boy at the sale said Holladay made of him and that afterward Mrs Comstock claimed said Boy and got possession of him and there was a suit instituted for said Boy By said Jacksons heirs � The Complainant stated that Holladays heirs had best have said suit settled that he had received two hundred dollars and upwards out of the price of said Boy which he was willing to pay back

And further saith not  [signed] Stephen Eubank

[the first line of the next deposition is missing]  sworn deposeth and saith that the said Complainant did have a conversation with the deponent of and concerning the said negro Boy and the interlocutory decree under which John Holladay had told him as stated in the foregoing deposition at which Stephen Eubank was present   In which conversation the said Complainant Jerimiah Bush stated that the said John Holladay had sold said negro under said interlocutory decree and that he said Complainant had received upwards of two hundred dollars of the Money for which said Boy was sold from the said Holladay on said decree and further saith not  [signed] A. Eubank

[Following the deposition is a note by a justice of the peace acknowledging the depositions, the final line of which, with the J.P�s signature is missing.]

P. 12-13  Decree filed September 26, 1827  Case dismissed, costs awarded to defendant

Jeremiah Bush vs Lynden Comstock

This cause now coming on to be heard, It is decreed and ordered that the Complts Bill of reviver filed herein against the administrator of John Holloday decd , be dismissed , and as the Court has not taken into consideration the claim set up in said Admr answer against the Compt Jeremiah Bush, to refund the money back paid to him by his intestate, nothing in this decree contained is to operate to the prejudice of any future claim that may be set up against said Bush for the money so paid to him � And it is further decreed that the said Administrator of said Holloday recover of said Bush his costs herein [illegible word-ensued?]

1828 statement of costs (these are apparently the costs awarded to Hampton by the 1827 decree dismissing the suit)

Deft Hampton Adm of Hollidays costs of suit to wit

Att fee                         $2.50

[two illegible lines, one has to do with depositions]

Magistrates fees [amount illegible]

Witness attendance           50

$5.94

Econ &                             45

$6.39

Issued 11th Sept 1828

[End notes: This case was a suit brought in October 1816 in Clark County Circuit Court, Kentucky, by Jeremiah Bush against his brother-in-law Lyndon Comstock and also against John Holladay, or subsequently, David Hampton as the administrator for John Holladay.  This suit asks for $200 damages against Lyndon Comstock because he had abandoned his wife Julia, who was Jeremiah Bush�s sister.  Jeremiah states that he had supported her, along with an unnamed slave girl apparently owned by the Comstocks and a horse, for two years (1814-1816).  I don�t know how to square this statement against reports passed down within the Bush family that she had gone to Washington, DC with Lyndon (where she may have stayed with her sister while he shipped out) and that Jeremiah eventually went and retrieved her from Washington DC.  It�s possible that her Washington, DC move occurred later, although Lyndon would have been long since gone at that point.  Jeremiah provides sworn depositions on three different occasions in 1817 from his brother John and also a William Wiglesworth that they had witnessed that Julia was living with Jeremiah over a two year period and that they had spoken with her, so it would have been a bit much to have made all of that up.  A William Wiglesworth appears in the 1830 census for Greenup County, where Jeremiah owned land, I didn�t find him in Clark County in 1810 or 1820.

There�s no indication that Lyndon was ever in Kentucky at any time after 1814, or that he was in communication with his wife or other relatives.  He may not have known of the existence of this suit, and ignored it if he did hear of it.

Holladay was added as a defendant in this suit because he was the administrator of Ambrose Bush�s estate (Jeremiah and Julia�s father) and Jeremiah wanted to obtain the $200 from any proceeds coming to Lyndon from his wife Julia�s share in the Ambrose Bush estate.  An interlocutory (intermediate) decree was issued in 1818 in favor of Jeremiah.  According to various testimony, the sale of the seven year old boy Daniel, formerly owned by Ambrose Bush, by Holladay in December 1818 was prompted by this interlocutory decree.  The Jesse Wilcoxon (or Wilcoxson), Stephen Eubank, and A. Eubank depositions taken by the defense in this case indicate that Holladay subsequently gave $200 from the proceeds of that sale to Jeremiah, or perhaps instead forgave $200 that Jeremiah owed him or the estate.  Jesse Wilcoxon or Wilcoxson appears as a head of household in the 1810 and 1820 Clark County census, on the same page of the latter with David Hampton (and also with John Gaines and Stanley Baber, who both appear in the Jackson vs Holladay cases).  Stephen Eubank appears as a head of household in the 1820 Clark County census (on the same page as William Rask Jr, who also appears in the Jackson vs. Holladay case.)  A. Eubank could be either Ambrose or Achilles Eubank, both appear in the 1810 census for Clark County.

John Holladay is listed on the tax list for Clark County in 1800 and in the 1810 Clark County census..  After John Holladay�s death circa 1820, David Hampton was appointed the administrator of his estate and assumed responsibility for the defense of this case.

In 1827 this case was dismissed and costs awarded to the defendant Hampton as administrator for Holladay, however the costs sought were apparently only $6.39.  The judge�s dismissal also explicitly left open the option that Hampton could pursue Bush for a refund of the money that Holladay paid to Bush, however I don�t know yet if that was ever done.

This case is entangled with the equally long-running Jackson vs. Holladay set of cases over the fate of Daniel.  (Among other elements, one of the Holladay estate�s grounds for appeal in the other case was that they weren�t allowed to read the proceeding of this case to that jury.)  As to why Jeremiah sued Lyndon and Holladay for the supposed costs of having his sister live with him, and why he revived the suit when there was testimony that Holladay had paid the money to him after Daniel�s sale, it could be that he was greedily trying to obtain money from his sister�s share of their father�s estate, when it would otherwise presumably have otherwise gone to her in Lyndon�s absence.  However, considering Julia�s ongoing close relationship with Jeremiah, it seems more likely that he was trying to get in line, on her behalf, in front of other creditors of the Comstocks who might materialize and claim all of the assets that were going to her, those assets principally being Daniel, and also trying to get some money out of Holladay.   Whatever the original motivation, that Jeremiah revived the suit against Holladay�s estate in the face of testimony from several witnesses that Holladay had long since paid him the $200 was received unfavorably by the judge.

Reference is sometimes made to a bill or suit in chancery, which, I gather, refers to a court proceeding relying in part on the principles of equity, or fairness, rather than only on common law precedents.  I gather that chancery may have then been a separate division or set of proceedings in the circuit court of the time.