| Notes |
- The following excerpt from the "Horn Timeline" (widely distributed on the Internet) makes reference to a lawsuit that is important to the genealogy of the Horn Family. Collecting these documents for examination and inclusion in the research is desirable.
Of particular importance is this quoted statement from the deposition of William Horn:
"William Horn, being sworn, states that he WM. came to this country with his father A Horn, and knows the statement made by Stephen Hancock to be accurate."
The preceding statement indicates that William Horn came to Kentucky with his father which, when cross-referenced with the court case in the excerpt below, that arrival date, according to one Stephan Hancock, was in the Spring of 1778. Furthermore, Stephan Hancock stated that he lived with Aaron Horn (who was accompanied by his son, William Horn) in Fort Boonesborough until Aaron Horn's death in at the end of September or beginning of October in 1778.
"Stephan Hancock fully sworn, stated that Aaron Horn, deceased husband of Mrs. Horn and father of Christopher Horn, moved to this country in the Spring of 1778 and died the following fall in the last of September or the first of October at Boonesborough. He (Hancock) lived in the same fort with him from the time he (A Horn) came to this country until he died . . ."
-------1802 ---------------------------------------------------------
August. 26 Elizabeth Horn files suit in Madison County Court to regain land taken by her son Christopher Horn. Christopher, as the eldest son under the old inheritance laws of primogeniture, was legally entitled to all of his father?s property in the absence of a will. Most of the family sided with Elizabeth in her fight to reclaim land that her son allegedly pressured her into deeding to him. The surviving records of this case provided extensive information about the early history of the Horn family during the early years in Kentucky.
Madison County chancery Court Records
Be it remembered heretofore to wit on the 26th day of August 1802, Elizabeth Horn by her attorney, filed in the clerk?s office of the quarter session court for Madison County, her bill in Chancier against Christopher Horn and others, and issued out a subpoena in chancery thereon, which bills are in the following words
and figures to wit: To the Honorable Judges of the court of Quarter Session for Madison County in chancery setting.
Elizabeth Horn, humbly complaining, shews to your Honor that she together with her husband in the year 177_ moved to the county and very shortly after , her husband died and that after the death, she raised in this county a crop of corn in 177_ and by virtue and in according to the act of the General assembly of Virginia, in such case made and provided, she applied to and obtained from the commissioners a certificate of preemption of 400 acres of land in what is now Madison County, an attested copy of which certificate she submits and prays that it may be taken as part of this her bill of complaint: that sometime after she obtained a certificate, she entered into a contract with James Estill to locate and clear out the 400 acres of land for her; that she transferred the right (of land) to him and took his obligation to convey to her 200 acres ( of the 400) when a grant should be obtained from the Commonwealth; that after she had received the obligation from Estill, Christopher Horn, the eldest son of her deceased husband ( and whom she prays may be made a defendant) claimed the land as heir to her husband and threatened to sue her if she did not assign to him the obligation upon Estill; that she being timid and fearful of being harassed with law and being persecuted by Christopher Horn, that his right to the land as heir to her husband was good, she signed the obligation for the 200 acres to C Horn; that he never gave her any consideration for the land whatsoever and has since transferred his right and interest in the land to Jesse Noland, (whom she also wishes to be made a defendant); that James Estill has died and left Benjamin Estill, his eldest son and his heir at law in whose name a grant from the Commonwealth has been issued ( and whom she also wishes to be made a defendant) ; that the defendants are combining and federating to injure and oppress her, particularly Jesse Noland and Christopher Horn has refused to give up to her the obligation (for the land) and cancel the assignment and Jesse Noland has brought suit in chancery to compel a conveyance of the 200 acres against Benjamin Estill, all which actions and doings are contrary to equity and good conscience and tend to manifest injury and oppression against her.
For as much as Mrs. Horn is remedy-less in the promises by the strict rules of the common law and can only be relieved in this court whose frauds and mistakes are relieved against and contracts are carried into specific execution. To the end therefore the that the defendants true and distinct and perfect answers make to all and singular the premises and fully and perfectly as if the same were herein again repeated and interrogated and in particular that C Horn set forth and say: Is not the above a true statement and ,if not, what is? (2} Did he not claim the land as heir of law to Mrs. Horn?s husband? (3) Did he not claim the obligation (to the land) by falsely representing his claim as better than hers and threatening to sue her? (4) What did he give her for the bond? That the defendant, Noland may say: Is not above as it respects him a true statement and if not, what is? That your honor will decree that the assignment of Mrs. Horn (to Christopher Horn) be canceled and that Benjamin Estill convey to her the right to the two hundred acres agreeable to the obligation and give other such and further relief as may be agreeable to equity and that the C?wealth writ of warrant be directed. signed: --Hardin and Boyle for Mrs. Horn
Copy of Elizabeth Horns certificate for 400 acres referred to in bill:
Elizabeth Horn this day claimed a preemption of 400 acres of land at the state price in the district of Kentucky lying on the north side of the Kentucky River above the Coporas Lick including a bottom known by the name of the Coperas Lick Bottom by making a deluxe settlement in 1778. Satisfactory proof being made to the court they are of the opinion that she has a right to preemption of the 400 acres of the land to include the above location and that a certificate issue accordingly.
28 December 1779 Attested: Thomas Todd
Subpoena issued by court
The Commonwealth of Kentucky to the Sheriff of Madison County. Greetings, you are hereby commanded to summon Christopher Horn, Jesse Noland and Benjamin Estill to appear before the Justices of our Court of Quarter Session for the county of Madison on the first Monday in September next to answer to a bill in chancery submitted against them by Elizabeth Horn and this they shall in no wise omit under the penalty of 100 pounds each and have them here. This writ witness: William Irvine, clerk of said court at the Commonwealth this 26th day of August 1802 and in the 15th year of the Commonwealth. WM. Irvine
This case was continued for answer from court to court from September Court 1802 until February 1803 by rules held in the Clerk?s office.
Obligation from Estill to Elizabeth Horn
Know all men by these presents that I James Estill of the County of Kentucky and state of Virginia, am held and firmly bound unto Elizabeth Horn and Matthew Horn of the county and state aforesaid in the sum of one thousand pounds Virginia currency unto which payment will and truly to be made. I bind myself, my heirs, executors, administrators and every one of them in the penal sum of two thousand pounds like lawful money. Signed, sealed and delivered this 17th January 1780. The condition of the above bound James Estill is such that if the said Estill shall make a good and lawful title to a tract of land containing four hundred acres, two hundred of which is to be the property of Elizabeth Horn and two hundred the property of Matthew Horn. Which land is to be of some of the preemption land which said Estill has purchased then the above obligation is to be void, otherwise to remain in full force and virtue. signed, sealed and delivered in presence of Robert Walton and Michael Shearly.
Signed: James Estill
Copy on back of that assignment
I do assign all my right title and interest of my part of this bond to Christopher Horn. March 1785
Witness: Robert Walton Elizabeth (x) Horn
Michael Shearly Matthew (x) Horn
Depositions: Stephen Hancock, Joseph Proctor, Jesse Hodges, William Horn and Matthias (Matthew) Horn taken at the house of Robert Caldwell in Richmond on the 15th January 1803 on behalf of Elizabeth Horn to be read as evidence in the suit in Chancery in Madison county where Elizabeth is complainant and where Christopher Horn and others are defendants.
Stephan Hancock fully sworn, stated that Aaron Horn, deceased husband of Mrs. Horn and father of Christopher Horn, moved to this country in the Spring of 1778 and died the following fall in the last of September or the first of October at Boonesborough. He (Hancock) lived in the same fort with him from the time he (A Horn) came to this country until he died and does not know of Aaron Horn raising any corn or planting any corn that year and is satisfied that he made no provisions for his family by raising corn. He (Hancock) further states that the next year after her husband died , Mrs. Horn put her sons Matthew ,Aaron and William who were under age, to work with A Mr.Thomas Deal who together raised a crop of corn.
Joseph Proctor being sworn that he knew the same as to Aaron Horn coming to this country and death as stated by Stephen Hancock and is convinced that he did not raise any corn in this country as he recollects of his Horns renting some ground but before he planted, he differed from the person he rented of and gave it up.
He further stated that he had frequent conversations with Christopher Horn as to the manner of his getting the land from his mother in which conversation, He(C Horn said that he threatened his mother with a suit if she did not give it up, He claiming it as heir at law to his father until the old woman gave it up to him. He also said after he got it he did not care whether the right of the land came through his father or mother, He would be damned if he did not keep it for he had as good a right to it as anyone. He (Proctor) had frequently heard C Horn threaten to sue his mother if she did not give up the bond and the old woman appeared very uneasy about it, she being not able to read or write in English.
Jesse Hodges , being sworn stated that he was acquainted with Aaron Horn Sr., deceased and knows what is stated by Stephen Hancock to be accurate. He also stated that in or about the year 1786, C Horn had a case of this speaker and Mrs. Horn lived in a cabin near C Horn?s and under him and that while they lived there He ( Hodges) wrote the assignment on the bond from Mrs. Horn to C Horn, and He Hodges thinks the assignment was made in consequence of C Horn?s claiming the land as heir to his father and threatened to sue her for it. Question By Mrs. Horn Did you at the time of the writing of the assignment tell me that tell me you thought I was cheated? Answer At the time of the assignment I did not but some years after ward I told you I thought the assignment was fraudulently obtained and you ought to advertise it if you meant to contend for the land. I then at your request wrote about three advertisements(one of which is attached) and gave them to you to set up.
Copy of the advertisement
This is to forewarn all persons for trading for a bond given to me by James Estill for two hundred acres of land to be out of some of ye preemption that Estill cleared out of shares and (it is) assigned to Christopher Horn as the assignment was fraudulently obtained and I have forewarned Estill from making ye said Christopher Horn a right. I expect the said Horn to trade the bond off.
Elizabeth (X) Horn
William Horn, being sworn, states that he WM. came to this country with his father A Horn, and knows the statement made by Stephen Hancock to be accurate. The next year after his father came here, under the direction of his mother, He and his brothers Matthias and Aaron, all being under age worked with Mr. Thomas deal and raised a crop of corn in partners to help his mother, she having one half and Mr. Deal the other half. He further states that when C Horn came to this country some years later, He claimed the land as heir to his father and threatened to sue her and as she had but one or two cows, It would take them to fee a lawyer and she would lose them and the land too. That he continued his threats for a year or two until the old woman gave up the bond. After He got the bond he said he knew it was his mothers right but he wanted to get the title in his own hands before she knew it; he further said he (Wm.) set up advertisements similar to the one referred to by Jesse Hodges. One as set up at Irvine Lick and the other at Mrs. Woodruff?s. (Question by Jesse Noland) Have you any interest in the event of this cause? (Answer) My mother has said that she will give me part of the land if she gains it, but I never gave her anything for it and having but her word for it,. Christopher Horn also promised me fifty acres of land for taking care of his stock while he went into the old settlement.
Matthew Horn, being sworn, says that he agrees in the statement made by Hancock. He frequently heard C Horn before he got the bond threaten to sue his mother. The old woman frequently came to me and cried and told me of his threats and told me if he sued her it would take all she had left (the Indians having taken all of their horses and part of their cattle) and is convinced it was for fear of the trouble and expense of going to law that she gave up the bond. (Question by Noland) Have you any interest the event of this suit? (Answer} I do not expect to gain or lose one copper by it.
At a Circuit Court continued and held for the Circuit aforesaid at the Courthouse in Richmond on the 7th June 1803. This day came the parties by their attorneys and the court having considered the bill, depositions and exhibits in the cause, do order and decree that the assignment of the alluded to by Mrs. Horn in her bill from her to Christopher Horn be canceled and said obligation given up and further that the defendant, Benjamin Estill by the first day of September next convey 200 acres of land to Mrs. Elizabeth Horn by proper deed agreeable to the obligation assigned and that she recover of Christopher Horn her costs in this suit expended.
|
1765 - 1842 (77 years)
: Address
: Location
: City/Town
: County/Shire
: State/Province
: Country
: Not Set