Philip B Troutman ²

   Another name for Philip was Phillip.

  General Notes:

DEEDS: TROUTMAN, AUD, MAGRUDER, CARTMELL -Bullitt Co., KY, 1830

Philp B. TROUTMAN and Ann his wife, late Ann AUD, Ignatious L. AUD and Nancy
his wife, and Henry C. M. CARTMELL and Mary his wife, late Mary AUD of
Bullitt County, State of Kentucky of the first part to Levi MAGRUDER of same
place in the state of Kentucky... that the said parties for and in
consideration of the sum of one Thousand dollars current money of the United
States... grant, bargain and sell unto Levi MAGRUDER the following tract of
land in Bullitt County, State aforesaid on the waters of Rock Run containing
three hundred and four acres more or less... Beginning at two white oaks
standing on the South side of Rock Run... being the same land conveyed by
Henry CRIST and wife to Joseph AUD the ancestor of the aprties of the first
part by deed dated 16 Dec 1811 and recorded in the Bullitt County Clerk’s
office in Deed Book B p. 456. But there is reserved out of this conveyance
two acres of land heretofore conveyed and agreed to be conveyed by said
Joseph AUD to the Roman Catholic Church or to their order of pursuasion which
two acres lies withing the boundary of said land and on which their church or
chappel stands together with all and singular the premises thereunto
belonging in any wise appertaining to hold the land and premises aforesaid
unto him the said Levi MAGRUDER and to his heirs forever. Witness the hands
and seals of the covenanting parties, the date first written.

Signed
P. R. TROUTMAN
Anna TROUTMAN
Ignatious L. AUD
Nancy AUD
H.C.M. CARTMELL
Mary E. CARTMELL

Recorded Bullitt County Court 12 March 1830
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From: http://ftp.rootsweb.com/pub/usgenweb/ky/bullitt/land/t635022.txt

COURT: Gaither vs. Troutman heirs, 1805, Bullitt Co., KY

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Transcribed and submitted by: Maria Troutman (RiaTroutman@aol.com)
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John R. Gaither vs. Michael Troutman's Heirs
Bullitt Circuit Court Decrees No. 39 (v.14) Bill: 7th June 1814
Your Orator, John R. GAITHER, showeth that on the 27th day of July
1804 he was possessed of a tract of land in fee simple patented to and in the
name of your Orator for 500 acres lying and being in the circuit afsd on the
south side of Salt River and Cedar Creek - - that the said land was well
improved and productive - - that your Orator lived on the same with his family,
Which was their only home - - and that the said tract of land was well worth at
that time at least the sum of $3000. Your Orator further states that before that
time he had been involved in law about the title to said land with a conflicting
title or claim and succeeded in establishing his to be the better right - - that
being greatly distressed for some money, a certain Michael TROUTMAN offered to
advance the sum wanted which did not exceed $240 on his getting the said land
security for the return of said money, to which your Orator agreed. It was also
then agreed that the land should remain as a security for any other sum which
the said Michael should advance - - that Your Orator should retain and hold the
possession of the said land and enjy the issues and profits thereof and pay the
taxes thereon and that the land afsd should be mortgaged to the said TROUTMAN
for teh purposes afsd. Your Orator further states that the said TROUTMAN
procured an absolute deed to be drawn from Your Orator to him for said land
which your Orator executed - - and also the following bond from him to Your
Orator dated the 27th day of July 1804 which he executed and delivered - - that
at the time the said deed and bond were executed the said Michael represented
that all was fair and no advantage could be taken and that by the said writings
it was no sale but operated as a mortgage to secure the payment of the money
advanced and which might be advanced by the said Michael to Your Orator, which
was the real contract or agreement between them, and upon which terms and
conditions and no other. Your Orator made the said deed and received the said
bond. Your Orator further states that sometime about the last of December 1806
the said Michael advanced for Your Orator somewhere about the sum of $147 to pay
off an execution in the name of Samuel SMITH against him, Your Orator - - that
the said Michael caused the said deed to be recorded in the Clerk's Office of
the County Court of Bullitt County without any requisition for Your Orator's
wife to relinquish her right dower in the land thereby conveyed, a certified
copy of which deed, etc made part of this bill. Your Orator further states that
prior to the 27th of July 1808 the said TROUTMAN sold about 130 acres of said
tract of land to Richard SIMMONS at $5 per acre and received the purchase money
- - that said Richard devised the said land to his son William SIMMONS and
departed this life and his will has been duly proved and recorded. And Your
Orator makes a copy thereof, etc part of this bill etc. - - that the said
Michael conveyed the said 130 acres to the said William SIMMONS as by a
certified copy of the deed, etc.. made part of this bill, etc.. - - and that the
said Richard before he made the said purchase and the said the William, who is
made a deft to this bill had due notice to Your Orator's right and claim to the
said 130 acers of land prior to his receiving the said deed of conveyance. Your
Orator further states that he holds the said Michael's note for the sum of
L14.6.6 dated the 12th day of March 18__ -- that he never made a sale of all or
any part of said land to said Michael - - that a sale of it was neither spoken
of or in the contemplation of the parties when said deed and bond were executed
unless the said Michael had a fraudulent and concealed determination at the time
to taken an advantage of Your Orator and that the contract and agreement was
prior to and at the time of making said deed and bond for a mortgage only, and
for subjecting the said land as a security for the money advanced and to be
advanced by the said Michael to Your Orator, but he artfully prevailed upon Your
Orator to believe that all was fair, that no advantage would or could be taken
of him by readon of the said deed. Your Orator further states that after the
said Michael had sold the said 130 acres to said Richard SIMMONS for a sum he
received far greater than anything Your Orator owed him, he promised Your Orator
to reconvey to him the balance of the 500 acres, which he, under needy
circumstances, in old age and with a large family did agree to - - that Your
Orator has been in the actual possession of the said land ever since the 27 of
July 1804 (except the said 130 acres) and has taken and enjoyed the issues and
profits thereof and has paid the taxes thereon - - that the said Michael never
paid any taxes on that land and never was in actual possession of any part
thereof - - and that very shortly before his death repeated his promise to
reconvey the said land to Your Orator - - but as Your Orator is informed and
believe that said Michael made his last will and devised said land to his son,
Phillip TROUTMAN who is made Deft to this bill and appointed Elizabeth TROUTMAN,
his widow executrix and Abraham TROUTMAN, and the said Phillip, the executors,
of said will and who as such are made deft to this bill - - and died lately.
Your Orator further states that all the advances made by the said Michael and
other claims which were justly due to him by Your Orator do not exceed the sum
of $400 and the Defts are called upon to exhibit and prove all just claims which
the said Michael had against Your Orator when the deed and bond afsd were given
and since - - also to state the time when said 130 acres were sold to Richard
SIMMONS and the price per acre for which it was sold - - and the said William
SIMMONS is also called upon to state what said 130 acres sold for to said
Richard per acre and when it was sold to said Richard - - Your Orator further
states that if the said William SIMMONS shall hold the said 130 acres of land,
and the other defts made liable for the price thereof, the deft executors will
be considerably in your Orator's debt, yet the said Phillip refuses to release
and re-convey all the said tract, or the balance thereof after taking off the
said 130 acres. All which actings and doings, etc. GAITHER prays that the court
will decree in one of the two following ways, either of which he ill submit to,
to wit: - - First, Your Orator shall pay what he justly owes to the estate of
the said Michael with interest and the Deft William SIMMONS be compelled to
convey the said 130 acres to Your Orator and the said Phillip the said residue
of the tract - - Secondly, that the said William retain the legal title to the
said 130 acres - - that the other defts be made liable for the price of the said
130 acres, subject to a deduction for all their claims against Your Orator and
the Defts decreed to pay him the overplus and the Left. Phillip decreed to
convey all the rest and residue of the 600 acres to Your Orator. POPE and A.
POPE ANSWER of Phillip TROUTMAN, an infant, by Jonathon SIMMONS, his guardian,
10 March 1815. He admits execution of the deed and bond for a tract of land upon
Cedar Creek upon a part of which the compt then and still resides, but denies
that the said writings and the contract between the parties were intended as a
mortgage only - - on the contrary he is informed that conditional sale of said
land was agreed upon and intended - - that it was clearly under stood by both
parties that the compt should within four year reimburse the said Michael
whatever money and pay for what other things he had and should then or
thereafter advance to or for him; but if such reimbursements and payments should
not be made within four years said deed should remain absolute, the said land
should be the land of said TROUTMAN and his heirs, and whatever of the L400, the
consideration mentioned in said deed, or other monies or things advanced or to
be advanced by the said Michael should be reimbursed or paid for by the said
Compt less than the full amount should be repaid by the said Michael and that he
should keep the said land. This deft has been able to obtain as yet but a very
imperfect knowledge of the particular payments and advances made by the said
Michael to the compt before, at or since the execution of the said deed and
bond. He has been told the said Michael was in advances to the Compt upwards of
L500 but the death of the said Michael has put it out of his power not only to
prove but even to specify all the particulars thereof. The deed afsd shows that
L400 were paid of advanced by the said Michael to the compt but when or in what
this deft does not know. He exhibits herewith and makes part hereof a note given
by the compt to the said Michael for L26.11.6 dated the 27 July 1804 and a copy
of an account against the compt previous to the execution of the said deed taken
from the books of said Micheal amounting to _____. Whether the said note and
account made a part of the L400 mentioned in said deed or were independent of
it, this deft does not know. Since the execution of said deed and bond as this
deft has been told, divers others advances were made by deft to compt as per
account amounting to _____, and per his note for L7.11.7. When the said deed was
executed, the Compt fraudulently concealed from the said Michael that the said
land was bound by a judgment and execution. . . and to satisfy which judgment by
virtue of a subsequent execution issued thereon a certain part of said land was
with consent of said Compt sold by the proper sheriff according to law to the
said Michael, the highest bidder, at the sum of $140 and which he accordingly
paid to said sheriff for said part of said land. This deft admits the devise to
him in the bill mentioned and insists the said Michael had the legal and
equitable right to make such devise to this deft because the said comp had
failed to repay the L400 mentioned in said deed and other advances made by said
Michael for him or any part thereof within the four years afsd and ever since.
This deft denies he has any recollection of the comp requiring him to convey
said land to him though had such application been made he surely would, as he is
advised he had a right to do, would have refused it. Jonathon SIMMONS ANSWER,
Amended, of Phillip TROUTMAN. Sept term 1816. He admits his ancestor, Michael
TROUTMAN, deceased, sold to Richard SIMMONS at $5 per acre 444 acres of land
part of John EDWARDS survey of 560 acres patented to ______ and conveyed to said
Michael and which interferes about 102 acres with the land conveyed by said
compt to said Michael. This deft makes part hereof the entry, survey and patent
for said 560 acres of land and submits to the court whether the claim of said
EDWARDS is not preferable to the claim of said GAITHER. He is informed and
believes that the said GAITHER and Michael agreed that the 100 acres purchased
by the latter at sheriff's sale as mentioned in his former answer should be laid
off so as to be included within said interference. Phillip TROUTMAN (apparently
Phillip has come of age) Notice: Mr. Thomas HALL and Elizabeth, his wife, late
widow and executrix of Michael TROUTMAN, deceased, - - Abraham TROUTMAN and
Phillip TROUTMAN, executors of the said Michael, dec. - - and the said Phillip,
devisee of the said Michael, take notice that on the 17th day of Feb. 1817, I
shall attend, etc. Etc. John R. GAITHER Answer: of William SIMMONS, 18 June
1817. He admits his father, Richard SIMMONS purchased of Michael TROUTMAN 100 or
130 acres and received a deed and devised the same to this deft., and paid a
valuable consideration to wit: $5 per acre, but he denies that his father or
himself had any knowledge of the nature of the contract between the compt and
the said Michael. Prays to be dismissed, etc.. WICKLIFFE for deft. Decree: About
1819 Decreed first that William SIMMONS shall have and hold forever all that
part of Teller's preemption within the lines of Compt's patent for 500 acres
which was sold and conveyed by Michael TROUTMAN to Richard SIMMONS and by him
willed to the said William SIMMONS and part of 560 acres patented the 15th day
of June 1754 in the name of John EDWARDS. Second, that the compt shall pay to
the said Phillip B. TROUTMAN $180 in full of all claims between the parties.
Third, that the said Phillip shall convey to the compt or his assigns the
balance of the said 300 acres not interfering with the said 560 acres by deed of
quitclaim and fourth, that each party shall pay his and their own costs.
Whereupon it is ordered and decreed that the said compt or his agent do pay to
the said Phillip P. TROUTMAN the said sum of $180 and that each party pay his
and their own costs expended in this suit, etc. Etc. October 2, 1819. Received
of Joseph SIMMONS the $180 mentioned in the within decree. Phillip TROUTMAN
Test: Wilford LEE George F. POPE (my note, notice in the above paragraph
Phillip's initials are not the same) Depositions: Depo. Cornelius BOGART, taken
Bullitt County, 10 Feb. 1819 Q. ( by compt) When did you first know Salt River
and Floyd's Fork? A. Early in the year 1780. Q.( by same) Were Salt River and
Floyd's Fort notorious by those names on the 24th day of May 1780. A. I well
know they were, because I lived in Brashear's Garrison at that time and near the
mouth of Floyd's Fork. Q. (by same) Was that part of Salt River about the mouth
of Floyd's Fork called the Town Fork and notorious by that name on and before
the 24th day of May 1780? A. I know it was generally called the Town Fork for a
distinction between the two streams Q. (by same) Is Floyd's Fork a large fork of
Salt River? A. I know it is a fork of Salt River but not as large as the Town
Fork. Q. (by same) Did you on or before the 24th day of May 1780 know any other
streams in Kentucky called and known by the names of Salt River and Floyd's Fork
and the Town Fork A. I never did since nor before. Q. (by same) If you had after
the 24th day of May 1780 have seen John R. GAITHER's entry of 500 acres in the
following words and figures to wit: a annexed copy of the entry, where would you
have went yourself or have directed others to find it? A. Having examined a copy
of an entry in the name of John R. GAITHER I should have went from Brashear's
Garrison to the mouth of Floyd's Fork and cross Salt River and on the bank I
should have looked for the beginning or directed any other body to the same
spot, and further this deponent sayeth not. Cornelius BOGART Depo. William
BRASHEAR, same time and place Q. (by compt) When did you first know Salt River
and Floyd's Fork? A. In the year 1779 Q. (by same) Were Salt River and Floyd's
Fork notorious by those names on the 24th day of May 1780 A. I frequently heard
them called so. Q. (by same) Was that part of Salt River above the mouth of
Floyd's Fork called the Town Fork and notorious by that name on or before the
24th day of May 1780? A. I have frequently heard it called Town Fork. Q. (by
same) Is Floyd's Fork a large fork of Salt River? A. Yes it is but not as large
as the Town Fork, so called. Q. (by same) Did you on or before the 24th day of
May 1780 know any other stream in Kentucky called and known by that name of Salt
River and Floyd's Fork and the Town Fork? A. No I did not. Q. (by same) Have
Salt River and Floyd's Fort retained the same names ever since you first knew
them? A. Yes they have Q. (by same) If you had after the 24th day of May 1780
seen John R. GAITHER's entry of 500 acres in the following words and figures to
wit: a true copy of John R. GAither's entry, where would you yourself went or
directed others to find it? A Opposite the mouth of Floyd's Fork and further
this deponent sayeth not. William BRASHEAR Depo of Gordon GRUNDY, taken at the
house of John WILLIAMS in Shepherdsvile, 2 June 1817. Q.(by deft) Do you know,
if so state it, at what time or in what year Patrick MCGEE settled where Ben
POPE now lives on the south side of Salt River? A. I believe in the year 1784, I
was at Patrick MCGEE's house, who then lived at or near where Ben POPE now lives
on the south side of Salt River. I am certain I was at his house, and at that
place and as before stated, I think pretty surely twas in that year. And further
this deponent sayeth not. Gordon GRUNDY Depo Levy SIMMONS, same place and time
Q.(by deft) Do you know, if so state it, at what time or in what year Patrick
MCGEE settled where Ben POPE now lives on the south side of Salt River? A. I
know that he was living there the spring of 1784; but when he moved there I
don't know nor do I know when he moved away from there. And further this
deponent sayeth not Levi SIMMONS Depo. Of Patrick MCGEE, same time and place
Q.(by deft) When did you settle on the place where Ben POPE now live, and that
title did you settle under? A. I settled that place, I believe in 1784 or at any
rate in 1785, I think in 1784 - - I lived there three years. I settled under a
claim which I purchased of John EDWARDS - - and I then held EDWARDS bond for the
conveyance of a title - - EDWARDS has, since that date, and since I left the
place, taken up his bond and made a conveyance to me by deed. And further this
deponent sayeth not. Patrick MCGEE Depo. Brittain WHITE, taken at the house of
Elimelich SWEARINGEN, Bullitt County, 26 July, 1816 Q.(by compt) Did not Michael
TROUTMAN inform you that he, said TROUTMAN, had sold part of a tract of land
belonging to John A. GAITHER to Richard SIMMONS, deceased? A. yes, he did Q.(by
same) Did he not say that John R. GAITHER was to redeem the land that he,
TROUTMAN, sold to Richard SIMMONS? A. He said that John R. GAITHER was to redeem
the land but that he believed he never would. Q.(by same) Do you recollect what
year Sameul STALLINGS settled on the place and land whereon John R. GAITHER now
lives? A. He settled on the place whereon John R. GAITHER now lives in the fall
1792. Q.(by same) Do you know what claim Samuel STALLINGS settled under? A. He
settled under the claim of John R. GAITHEr. Q.(by same) Do you know of any other
person having any possession besides John R. GAITHER of the land they said
GAITHER not lives on? A. I know of no other person having possession of the land
except said GAITHER since Samuel STALLINGS lived on it. And further this
deponent sayeth not. Brittain WHITE Depo. John OVERALL, taken at the house of
said OVERALL, Bullitt County, 12 February 1817. Q. (by Compt) When did you first
know Salt River and Floyd's Fork A. I was acquainted with them water in 1779.
Q.(by same) Were Salt River and Floyd's Fork notorious by those names on the
24th day of May 1780 A. I cannot say. Q.(by same) Is it not your idea that it
took the name of the Town Fork from Harrodsburg being situated on the same
stream? A. Yes, that part the river above the mouth of Floyd's Fork. Q.(by same)
Did it or did it not take the name the Town Ford between years 1779 and 1784? A.
Yes and it might have taken that name in 1779. Q.(by same) Is Floyd's Fork a
large fork of Salt River? A. Yes, but not as large as the town fork of Salt
River Q. (by same) Did you on or before the 24th day of May 1780 know any other
streams in Kentucky called and known by the names of Salt River, Floyd's Fork,
and the Town Fork? A.No. Never heard of such. Q. (by same) Did you not
understand that Harrodsburg was settled before the year 1779 A.Yes some time
before Q. (by same) If you had after the 24th day of May 1780 have seen John R.
GAITHER's entry of 500 acres in the following words and figures to wit: where
would you have want yourself or have directed others to find it? A. I have seen
an entry of John R. GAITHER's for 500 acres and should have went myself or
directed others to find it opposite the mouth of Floyd's Fork on the south side
of the Town Fork of Salt River and up the fork and out for quantity and further
this deponent sayeth not, this 12th day of February 1819. John OVERALL Depo
Henry STALLINGS, taken at house of John R. GAITHER, 9 June 1819 Q. ( by complt)
The line that was run this day by Bigger HEAD the surveyor of Bullitt County in
your presence, does it or does it not include any part of the improved land now
in the possession of John R. GAITHER? A. I think a small corner. Q (by same) Do
you or do you not know who the improvement on said land was made by and how long
ago? A. In 1792 in August I built a house on the land now in the possession of
John R. GAITHER for my brother Samuel STALLIONS. The same fall or winter the
said Samuel STALLIONS moved to said house. Q.(by same) Do you or do you know
what claim the improvement you spoke of in your last answer was made under? A.
The improvements was made under a lease from Richard SIMMONS and I understood by
said SIMMONS that he purchased the land from John R. GAITHER and further this
deponent sayeth not. Henry STALLINGS Depo. James W. GAITHER, same time and place
Q. (by complt) Was or ws you not in company with James SHANKS in the year 1805
when he SHANKS run the line which was run this day by Bigger HEAD and did or did
it not take a part of the improved land that was then improved? A. It took in
some of the improved land Q. (by same) The line that was run by SHANKS that took
in a part of the improved land was it or was it not claimed by Michael TROUTMAN
A I always understood that Michael TROUTMAN claimed the said land. And further
saith not James W. GAITHER Depo. Abraham TROUTMAN, taken at the house of Abraham
TROUTMAN, Bullitt County, 8 Feb. 1817. Q. (by Phillip TROUTMAN) Did not John R.
GAITHER or did he not acknowledge to a deed given to Michael TROUTMAN in his
lifetime for the plantation he now lives on? A. He did on the 27th day July 1804
and acknowledge it to be his act of deed. Q. (by same) Did not Michael TROUTMAN
in his life time or did he not enter into a contract with John R. GAITHER that
with the term of four years if the said GAITHER should pay unto said TROUTMAN
all accounts and notes which should be established against him that in such case
the said Michael TROUTMAN should convey said land back until said GAITHER. A. I
witnessed a contract to that effect on the 27th day July 1804 and which I
believe the sums never has been paid. Q (by same) Did you understand at the time
the contract took place between said GAITHER & TROUTMAN that if said GAITHER
should fail to pay up all the sums that TROUTMAN had and would pay for him with
legal interest against the four years was out that the said TROUTMAN was to have
the tract of land for four hundred pounds Kentucky currency? A. Yes he did Q.
(by same) Did you not hear John R. GAITHER say whether the hundred acres of land
that the sheriff levied on which was part of the same land that said GAITHER had
sold to TROUTMAN should be joined to the plantation which Michael TROUTMAN in
his lifetime sold to Richard SIMMONS or not? A. To the best of my recollection I
did hear him say it would make very little difference with him since the sale of
the land made by the sheriff. Q. (by same) Is or is not the account from year
1800 in May which is amount is 106 pound fourteen shillings & 4 pence until the
end of the year 1807 just or true. A. It is just as far as I recollect to best
of my knowledge. Q. ( by same) Don't you believe that every article charged to
John R. GAITHER . . . from 1800 in May until the end of the year 1807 is correct
and true? A. Yes, I do verily believe every article is just and correct to the
best of my knowledge which amount in all is 106 pounds, fourteen shillings &
four pence including the sixty two pounds ten shillings cash that said TROUTMAN
paid to Richard SIMMONS for and including cash paid Guy PHELPS which is twenty
dollars and all the leather saddles bridals corn cotton shoes & whiskey as they
stand stated in the account drawn of my said TROUTMAN's books from date to date
is correct which all make the L106..14...14 Q. (by same) Do you or do you not
recollect what was that note that note that you & William DEROWHAN witnesses
which was given from GAITHER to TROUTMAN on the 27th of July 1804 for L26..11..6
was it included or counted as a settlement between them to that date or on that
day? A. I do not recollect of any settlement taking place on that day. Q. (by
same) Did you not witness a receipt that John R. GAITHER give to Michael
TROUTMAN dated July 10th 1804 for two fee bills on acct of TILFORD to the amount
of $42.21 1/2 cents, also three to the to the amount of $10.29 cents on acct.
FLOYD and SMITH which he promised to pay in three months from the daft is it nor
correct? A. It is correct to best of my recollection Q. (by Plaintiff) Are you
not & Leonard TROUTMAN, Jacob TROUTMAN the reputed sons of Michael TROUTMAN decd
for whom you & Phillip TROUTMAN are executors herein named? A. Myself & Phillip
are executors and the others names are called the sons of Michael TROUTMAN dec.
Q (by same) Are you not & Leonard TROUTMAN & Jacob TROUTMAN devisees or legatees
under the last will & testament of Michael TROUTMAN decd? A. Myself & Jacob
TROUTMAn is & not Leonard TROUTMAN until the death of my mother. Q. (by same)
Have you not & Jacob TROUTMAN according to said will received the portions
assisgned you or part thereof? A. I have received a part only as to myself. Q.
(by Phillip TROUTMAN) Is not the afsd tract of land that John R. GAITHER deeded
to Michael TROUTMAN willed to me by the said Michael TROUTMAN and not to any of
the other legatees? A. Yes, it is certainly is, agreeable to the will Q. (by
Plaintiff) Who kept the books of Michael TROUTMAN decd sixteen or seventeen
years before his death? A. I kept the books from the year 1800 until the year
1807, and after Jacob TROUTMAN I believe for a few years. ABraham TROUTMAN (note
from whoever typed this from the original copy, says Abraham Troutman signs his
name ABraham so that at times it looks like Braham) Depo. James CALDWELL taken
at the house of Elemilick Swearingin, Bullitt Co., 6 Sept 1816 Q. (by complt) Do
you recollect where the land lay that you sold under execution in the name of
Saml. SMITH against John R. GAITHER and how much of sd. GAITHER's land did you
sell and at what price? A. The land lay by GAITHER's direction or information
that I sold as sheriff, at the upper side of said GAITHER's tract, which was 100
acres that I sold but do not recollect what I sold it for at this time - - buy
my receipt given to TROUTMAN will show. Q. (by same) Did not Michael TROUTMAN
apply to you for a deed for the land you sold as sheriff? A. He did not. I
understood from Michael TROUTMAN that he had a deed to mortgage land - - and
that he purchased the land to hold the same as a friend until John R. GAITHER
paid or refunded the money Q. (by same) Did not both parties inform you that the
land was to be held by Michael TROUTMAN until said GAITHER paid or refunded the
money? A. I understood them both so. James CALDWELL Depo. James W. GAITHER, same
time & place Q.(by plaintiff) Do you not remember that I paid Michael TROUTMAN
in his lifetime for a saddle in the year 1805 and what did I pay him in? A. I
went to Mr. TROUTMAN's with my father and took bacon to the amount of twelve or
thirteen dollars and that at same time Mr. TROUTMAN informed my father that the
saddle was paid for or nearly paid for. The bacon I understood was weighed and
delivered in pay for the saddle, but I do not recollect the weight. I think it
was in the year 1805. Q. (by same) Do you not recollect that I generally for
several years let Mr. TROUTMAN have my raw hides? A. My father let Mr. TROUTMAN
have raw hides when I lived with him I do not recollect the quantity. Q. (by
same) Do you not recollect of Mr. TROUTMAN receiving property of me such as
cattle, sheep, or a gray mare and what was the value and what year was it in? A.
I remember Michael TROUTMAN receiving of cattle and sheep and likewise a gray
mare of my father but the value of the cattle and sheep or quantity I do not
recollect, or pretend to say, and what year or time I cannot recollect. The
value of the mare I cannot pretend to say. James W. GAITHER Depo. John
PATTERSON, in Leitchfield, Grayson Co. 29 July 1816 Q. (by Phillip TROUTMAN) Do
you know anything respecting a note of hand executed by Michael TROUTMAn decd to
John R. GAITHER for the sum of fourteen pounds fourteen shillings & six pence
payable three months after date, dated 12 Mar. 1814. A. I know the above said
note was given by said TROUTMAN on account of a debt which was due from me to
John R. GAITHER & that it was not for any part of a settlement between Michael
TROUTMAN decd and John R. GAITHER. J. PATTERSON Depo Thomas C. BRASHEAR, taken
at house of Elemelich SWEARINGEN, Bullitt Co., 6 Sept 1816. Q. ( by complt) What
was the value of the land per acre where John R. GAITHER now lives in July 27th
1805? A. I think the land taking the whole tract together was worth at that time
six dollars per acre. Q. (by same) What did you understand from John R. GAITHER
concerning the land he now lives on? A. I understood from GAITHER that the land
was his and not TROUTMAN's. Tho. C. BRASHEAR Depo. Richard SIMMONS, taken at the
house of ABraham TROUTMAN, Bullitt County, 8 Feb 1817. Q. (by deft) Did not John
R. GAITHER tell you that he sold a tract of land he now lives on to Michael
TROUTMAN in his lifetime? A. I do not recollect that John R. GAITHER did but
Michael TROUTMAN told me so. Q. (by same) Do you recollect how much money that
Michael TROUTMAN paid to your father in the year 1804 for John R. GAITHER? A. I
believe upwards of sixty pounds or thereabouts. Q. (by same) Did not John R.
GAITHER tell you that he had sold the aforesaid tract of land to Joseph SIMMONS
for fifteen hundred dollars and is not sometime since said GAITHER brought suit
for sd. Land? A. John R. GAITHER told me that Joseph SIMMONS offered him that
for the land but he had not sold to him but expected to let him have it. Q. ( by
complt) Was not Mr. GAITHER intoxicated when he communicated to you that he
would let Mr. SIMMONS have the land? A. I don't know whether he was or not. His
Richard X SIMMONS mark Depo. Merideth Cosby, Bullitt Co., 26 July 1816 Q. (by
complt) Did not Richard SIMMONS in his lifetime call on you to go with him to
Michael TROUTMAN's to read and explain a piece of writing on a contract that was
then about to be entered into between said TROUTMAN and said SIMMONS concerning
a tract of land and was not the land sold by said TROUTMAN to said SIMMONS
adjoining said SIMMONS land and was not Jacob WELLS a tenant at the time on part
of said land, and what was the quantity of land sold by said TROUTMAN to said
SIMMONS and was not the writing that was drawn satisfactory to both parties and
what was the price per acre for said land? A. Some time in the latter part of
the summer 1806, Richard SIMMONS since decd. Applied to him, this deponent, to
go with him, sd. SIMMONS to Michael TROUTMAN's since decd., also, and said that
he purchased a tract of land of sd TROUTMAN and the he wished said deponent to
be present when the writing was drawn, for he was an indifferent reader, and did
not know whether TROUTMAN and ROHAN might not impose on him in some way, except
he had some person with him, who was a better reader than himself. Said deponent
went with him, sd SIMMONS to said TROUTMAN's , and the writings were drawn on
the 9th day of August 1806, apparently to the satisfaction of both parties. The
number of acres so sold, or the price per acre, said deponent doth not
recollect. Said land thus sold this deponent understood was adjoining the land
whereon sd SIMMONS then lived and he believes that Jacob WELLS was a tenant on a
part of the land thus sold by TROUTMAN to SIMMONS. Meredith COSBY Depo. Joseph
SIMMONS, same place & time. Q. (by complt) How long has the complt lived on the
500 acres of land in contest in this suit - - and was not there a contract
between Richard SIMMONS decd and the complainant. A. About fourteen years. There
was a contract between the Complt and Richard SIMMONS since dead for said land.
Sd. SIMMONS seated old Mr. Saml. STALLINGS on said land who lived thereon about
eleven years and after the complt lost said land at Nelson Court said SIMMONS
gave up said contract and the complt went and lived on said land. Q. (by same)
From the best of your knowledge where did Michael TROUTMAN since decd sell part
of said land to Richard SIMMONS who willed the same to his William SIMMONS. A.
About the month of August 1808. Q. (by same) How much and what part of said land
was so sold and at what price. A. The part so sold of said land is on the lower
side of the said tract on Dry Run and its waters and was sold at five dollars
per acre and I suppose the quantity sold was upwards of one hundred acres. Q.
(by same)What did you hear said Michael TROUTMAN say were the terms of which he
got a deed for said 500 acres of land from the complt and when. A. I was at said
TROUTMAN's house after he got said deed and before he sold part of said 500
acres of sd land to said SIMMONS. Said TROUTMAN and myself rode together until
we came to Nathaniel HARRIS' plantation. Said TROUTMAN stated that he wanted to
get that plantation, and as well as I can recollect said he expected to get it.
I observed that he had got GAITHER's plantation. He replied he had not, that he
had given the old man four years to pay the money. I told said TROUTMAN that I
had seen the bond for the reconveyance. He said that the old man must spunk up
in that time. He said that said SIMMONS was too hard with GAITHER, that he went
one morning to see said Richard SIMMONS to get him to wait a while for his money
& that sd. SIMMONS turned his back on him and would not hear him, that said
TROUTMAN had to take CARRICO's money and pay said SIMMONS, which said TROUTMAN
stated was sixty-two pounds ten shillings as well as I recollect and I am sure
it did not exceed that sum and I understood from the conversation with said
TROUTMAN that he had not purchased said land but had it in security for said
money as under a mortgage. I then remarked to said TROUTMAN that the said land
had been in dispute with TILFORD, but there was another claim on it in the name
of Ben EDWARDS, that I assisted to carry the chain in surveying it, and I
thought it was a special entry. Said TROUTMAN was silent for some time and then
said, Joe, how did EADES come by them negroes? I replied I did not know, and he
answered: By God, he did not think EADES paid money for them Q. (by same) What
did you hear Michael TROUTMAN say and at what time about BRASHEAR and CROW
cutting timber on the part of said 500 acres of land sold by said TROUTMAN to
said SIMMONS. A. After the said purchase by the said SIMMONS from TROUTMAN I
understood that BRASHEAR and CROW had cut timber on said purchase by permission
and direction of the cmplt. I was at the house of sd SIMMONS and he complained
very much of said cutting of timber, and started very early next morning to go
to sd. TROUTMAN's, and I went to his, sd. TROUTMAN' mill, where said TROUTMAN
was. He addressed himself to me and said, Joe, your father, SIMMONS, was at my
house this morning and tore up or liked to tear up the plantation about said
cutting of timber, like it was damned wrong for GAITHER to let them fellow cut
timber there when he said TROUTMAN had sold that part of said land to said
SIMMONS, and told me to tell said GAITHER to drive them fellows off and he would
satisfy him said GAITHER for that part of said land. Q. (by same) What was the
said 500 acres of land worth on the 27th day of July 1804. A. I heard Abraham
TROUTMAN, one of the defendants say that the land was worth 6 dollars per acre,
and I consider that the land was worth more when it was put in said TROUTMAN's
hands than it is at this time. I also heard Michael TROUTMAN say that he would
reconvey all the land back again except the land sold by the sheriff, which land
lay next to said TROUTMAN's mil on the upper side of the said 500 acres and that
Phillip TROUTMAN, one of the defendants, did say that the land was worth three
thousand dollars and that if it was clear of dispute he could get that for it.
Q. (by deft) Are you or are you not interested in this suit. A. I am not. Joseph
SIMMONS Dept. Jacob PEACOCK, Bullitt Co. 1 June 1816 Q. (by deft) Did you or did
you not hear from John R. GAITHER the complainant say that there was a contract
between Michael TROUTMAN decd concerning a tract of land whereon the said
GAITHER now lives, and said GAITHER. A. I did hear said GAITHER say that there
was a contract between them respecting the land. Q. (by same) What conversation
took place at the time between said GAITHER and yourself concerning said land.
A. Mr. GAITHER informed me that Michael TROUTMAN in his lifetime and himself had
contracted in some way concerning said land and that said TROUTMAN had lent or
let him said GAITHER have a sum of money but do not recollect that he mentioned
what sum and that said TROUTMAN was not to sell or convey said land for the term
of four years but did sell part of said land before the four years was expired
and sold the same for more money than said TROUTMAN refunded to him. J. PEACOCK
Depo. Leonard TROUTMAN, Nelson County, 27 July 1818 Q. (by Phillip Troutman) Is
not the account as sworn before Henry S. BELL, a justice of the peace for Nelson
County for the sum of twenty five pounds, twelve shillings commencing on the
15th day of November 1798 and ending in the year 1800 just and correct to your
own knowledge A. Yes it is. Leonard TROUTMAN Depo. Jacob TROUTMAN, house of
ABraham TROUTMAN, Bullitt Co., 10 Aug. 1816. Q. (by Phillip Troutman) Is not the
account due to Michael TROUTMAN, decd. From John R. GAITHER for the amount of
L10..10..10 just and true commencing in the year 1808 and ending in the year
1811. A. Yes it is to the best of my knowledge and recollection. Jacob TROUTMAN
Depo. Revd. Willam DeROHAN taken at the house of Stephin T. BADIN in Washington
County, 12 Aug. 1816. Q. ( by John R. Gaither) Did you write the bond now in
your hands signed by Michael TROUTMAN, dated the 27th July 1804 and witnessed by
Abraham TROUTMAN, Robert BRISCOE and William DeROHAN. A. Yes at the request of
Michael TROUTMAN decd & John R. GAITHEr Q. (by same) Did you also write the deed
in your hands from me to sd. TROUTMAN & his heirs, dated the 27th July 1804 and
witnessed by the same persons as the bond. A. Yes I did. Q. (by same) Was the
afsd deed to Michael TROUTMAN given as security for money lent and advanced by
him to me, and was it considered as a mortgage only and not as an absolute
conveyance? A. The deed was made from you to TROUTMAN for money and property
advanced and lent by TROUTMAN to GAITHER, and if the four hundred pounds was
paid to the said GAITHER by the said TROUTMAN including money and property
advanced and lent, after the expiration of four years from the date of said bond
and deed, I considered that the deed would be permanent. I also considered that
John R. GAITHER had four years to refund the money, interest & property advanced
and lent him by TROUTMAN & save his land. Q. (by same) How much money was paid
me by TROUTMAN when the deed was executed. A. I did not see any money paid at
that time, but understood from both parties that GAITHER was indebted to
TROUTMAN considerably. Q. (by Phillip Troutman) Are you not well acquainted with
Abraham TROUTMAN, one other of the executors and his handwriting and is not his
signature as a witness to the bond & deed above identified in his own
handwriting? A. I am well acquainted with him and his handwriting and it is his
own handwriting. Willm de ROHAN Depo. ABraham TROUTMAN, Bullitt Co., 10 Aug.
1816 Q (by Phillip Troutman) Did not John R. GAITHER or did he not acknoledge to
a deed given to Michael TROUTMAN in his lifetime for the plantation he now lives
on. A. He did on the 27th day of July 1804 and acknowledge it to be his act of
deed. Q. ( by same) Did not Michael TROUTMAN decd or did he not enter into a
contract with John R. GAITHER that within the term of four years, if the said
GAITHER, should pay unto the said TROUTMAN all accouns and notes which should be
established against him, that in such case the sd. Michael TROUTMAN should
convey said tract of land back unto the said GAITHER. A. I witnessed a contract
to that effect on the 27th day of July 1804 and which I believe the sum never
has been paid. Q. (by same) Did or did you not hear John R. GAITHER say whether
the hundred acres that was sold by the sheriff should be joined to the
plantation which Michael TROUTMAN decd. Sold to Richard SIMMONS or not. A. To
the best of my recollection I did hear him say it would make very little
difference with him since the sale of the land made by the sheriff. Q. (by same)
Is or is not the account from the year 1800 in May for 100 pounds 14 shillings
and 4 pence until the year 1807 just and true. A. It is just as far as I
recollect to the best of my knowledge. ABraham TROUTMAN Depo. Elizabeth HALL,
taken at the house of Abraham Troutman, Bullitt Co. 8 Feb. 1817 Q. (by Phillip
Troutman) Did you not hear John R. GAITHER and Michael TROUTMAN in the sd.
TROUTMAN' lifetime speak of a contract that took place between them on the 27th
day of July 1804 concerning the land sd. GAITHER now lives on. A. Yes I did
before and after. Q (by same) What was the contents of the contract between them
as you heard them say. A. I heard them both say that they had closed their
bargain after it took place that GAITHER had made a deed to TROUTMAN of the land
and TROUTMAN had given him a bond provided the said GAITHER would pay unto sd.
TROUTMAN all the money with interest that he had paid for him in the term of
four years the deed was void if not sd. TROUTMAN was to give sd. GAITHER four
hundred pounds for the land which was a fair sale as I understood them both. Q.
(by same) Do you not recollect after the contract took place that there came an
olde execution than the deed it was levied on one hundred acres of sd. Land and
sd. TROUTMAN bought it and was it not before the four years was run out. A. Yes,
there was an execution came that was older than the deed that sd. TROUTMAN got
of GAITHER and it was before the four years was out as well as I recollect. Q.
(by same) Did you not hear John R. GAITHER say that he thought that TROUTMAN had
sold one hundred acres of his land to SIMMONS. A. Yes I did hear him say that
TROUTMAN had sold one hundred acres to SIMMONS but he said TROUTMAN had a claim
on the land & he also said that him and TROUTMAN had agreed that they would see
who had the best claim on the hundred acres that sd. TROUTMAN sold to SIMMONS
and he said likewise that if his right was better than TROUTMAN's that the
hundred acres that TROUTMAN bought at Sheriff's sale should answer on the same
place when they come to a settlement. Q. (by same) Did you now hear John R.
GAITHER say since the expiration of the four years that TROUTMAN gave his bond
to GAITHER provided he paid the money that sd. TROUTMAN had paid for him with
the interest, then the deed was void and that he did not get the money and could
not pay it that he said the land was TROUTMAN's. A. Yes I did and sd. GAITHER
said that the land was TROUTMAN's as soon as he paid him up the balance that was
due to him of the four hundred pounds but he said also that he would wait with
TROUTMAN because he befriended him and I heard TROUTMAN tell GAITHER that he
need not be uneasy, I shall not pretend to move you of said land as long as you
and your old lady lives or at any rate I never shall as long as I live. Q. (by
complt) Was you not the wife of Michael TROUTMAn decd at the time of his death?
A. Yes Q. (by same) Are not Leonard TROUTMAN, Abraham TROUTMAN, & Jacob TROUTMAN
sons of sd. Michael TROUTMAN decd & is not John PATTERSON son in law to the sd.
TROUTMAN decd., and is his wife not living now as far as you know. A. Abraham &
Jacob TROUTMAN is and Leonard TROUTMAN goes by the name of his son. Q. (by same)
How old is Abraham TROUTMAN A. He is upwards of thirty. I believe between thirty
& thirty two years of age. Q. (by same) Who kept the books for Michael TROUTMAN
decd fourteen or fifteen yers before his death? A. Either Leonard or Abraham
TROUTMAN kept his books. Q. (by same) Are you not named in the will & did you
not receive land and other property during life agreeable to sd. will. A. Yes, I
received the land I now live on & other property. Q. (by deft P. Troutman) Is
not the afsd tract of land that John R. GAITHER deeded to Michael TROUTMAN
willed to me by the sd. Michael TROUTMAN A. It is agreeable to the will Q. (by
plaintiff) Are not Leonard TROUTMAN, Abraham TROUTMAN, & Jacob TROUTMAN named in
the will of Michael TROUTMAN decd on account of which naming were they not to
receive some property of have they not recd their portion assigned them or a
part thereof? A. Yes, Abraham & Jacob TROUTMAN have recd a part and Leonard is
to receive his part at my death. Her Elizabeth X Hall Mark Depo. Robert BRISCOE,
Bullitt Co., 16 Sept. 1815, who says that on the 27th day of July 1804, John R.
GAITHER came to this deponents house and stated to him that Richard SIMMONS (who
had an execution against sd. GAITHER) had directed the Sheriff in writing to
take the land of sd. GAITHER commencing opposite the mouth of Floyd's Fork and
running up and out for quantity which he expected would in & about cover his
improved land and that he was in a great strait for money and had a thought to
go to TROUTMAN's and & see if he could make a friend of him and requested this
deponent to go with him; accordingly they went and when there, GAITHER made his
case known to TROUTMAN and proposed that if he would lend him the money, to give
the land in security - - A mortgage and deed were talked of but it was finally
agreed that a deed would be more correct and that TROUTMAN should give GAITHER a
bond to redeed the land to GAITHER provided the money was paid back to TROUTMAN
in four year; that no advantages were to be taken by TROUTMAN. After which
agreement GAITHER deeded the land to TROUTMAN and TROUTMAN gave his bond to
GAITHER baring date as stated in this deposition. Q. (by complt) Was you not a
witness to the deed and bond spoken of and was there any money paid at that
time? A. I was a witness to the deed and bond both in the same day. There was no
money paid in my presence at that time or any other time. Q. (by deft) Did not
Michael TROUTMAN agree to settle an execution then in the hands of the Sheriff
for a sum of money due Richard SIMMONS from John R. GAITHER. A. He did agree to
do so. Robert BRISCOE Depo. Samuel SIMMONS, Bullitt county, 6 Sept 1816, house
of Elemelich SWEARINGEN. Q. ( by complt) What do you think 500 acres of land
where John R. GAITHER now lives was worth per acre on the 27th day of July 1806?
A. I think it was worth six dollars per acre. Q. (by same) Do you not recollect
that on the 27th day of July 1806 that your father bought a certain tract or
parcel of land of Michael TROUTMAN - and did not you understand that the said
land run foul of John R. GAITHER's land? A. I recollect that on the 27th July
1806 that my father did purchase four hundred and forty four acres of land from
Michael TROUTMAN and that I understood that part run foul of John R. GAITHER's
land. Q. (by same) What did your father give Michael TROUTMAN per acre for said
land? A. He gave him five dollars per acre. Samuel SIMMONS Depo. Rachel SLIGAR,
taken at the house of Elemilich SWEARINGEN, Bullitt Co., 18 Feb. 1817. Q. (by
complt) Do you suppose that you had the just credit in Michael TROUTMAN's decd
books in his lifetime? A. I think not. Q. (by same) Did not the executors of
Michael TROUTMAN warrant you for a sum of money which was paid and a receipt
produced paid in full? A. Yes. Her Rachel X SLIGAR mark Depo. Laurence BISHOP,
same place, 20 Feb. 1817. Q. ( by complt) Do you think that Michael TROUTMAN in
his lifetime dealt fairly with you with his accounts against you? A. No Q. (by
same) In what manner did the sd. TROUTMAN deal unfairly with you? A. I sold him
20 barrels and never could get pay from him until I warranted him. After
warranting him for the barrels, said TROUTMAN brought his son Abraham as a
witness for him concerning the contract with his father and myself, which said
Abraham to my certain knowledge knew nothing about the contract although he
swore hard in favor of his father against me. Laurence BISHOP Depo. Nicholas
CRIST Jr., same plce, 18 Feb. 1817. Q. (by comptl) Do you suppose that you had
the just credit in Michael TROUTMAN's decd. Books in his lifetime? A. I think
not. Q. (by same) In what way do you suppose that you did not get your just
credit? A. I was warranted on several notes from me to Michael TROUTMAN which I
afterwards proved paid. Q. (by same) Were you not warranted by the executors of
Michael TROUTMAN dec. A. Yes and by bo other person on that account? (bo =a typo
they made from the original?) Q. ( by same) Did you not prove your credits which
ought to have been given and by whom? A. I did and by John LEERIGHT Q. ( by
same) Did you not understand generally that the books of Michael TROUTMAN was
not regularly kept? A. I have heard people talk so but I do not recollect whom.
N. CRIST Jr. Dep. John LEERIGHT, same place, 20 Feb. 1817 Q. ( by complt) Do you
recollect of having any dealings with Michael TROUTMAN books? A. Yes, a good
deal of dealings. Q. (by same) Do you suppose you had your just credits given
you on Michael TROUTMAN's books? A. No, I had not. Q. (by same) In what way do
you suppose you had not your just credits given in the book? A. The heirs of
Michael TROUTMAN brought three warrants against me amounting between 40 and
sixty dollars, and after laying his accounts before the magistrate, attempted to
take up his accounts, but I insisted that it should lay for trial. I produced my
account against the said heirs or estate which amounted to about three hundred
dollars which said heirs denied every cent of the same. I then summoned
witnesses to prove every item I had in charge, by which I brought them in debt
to the amount of between forty and sixty dollars. Q. (by same) Was there any
credit given you in the books of Michael TROUTMAN A. The executors informed me
that their father owed me nothing and there was no credits given more than was
on the account laid on table as before stated that one of them attempted to take
up, namely Phillip TROUTMAN. Jno. LEERIGHT Depo. Brittain WHITE, same place &
time. Q. (by complt) Do you think that you was fairly dealt by, by the books and
accounts of Michael TROUTMAN decd? A. I do not know. I never saw the books.
Michael TROUTMAN in his lifetime brought a warrant against me for a small sum of
money and that Abraham TROUTMAN proved the account and to my certain knowledge
that said Abraham was not present when I got the articles charge to me by
Michael TROUTMAN his father. Q. ( by same) Did the leather you got from Michael
TROUTMAN hold out weight which you generally got from him? A. No, it generally
lost in a side of sole leather from two to three pounds. Q. (by same) Do you not
understand that TROUTMAN's books and accounts is generally disputed? A. I
understand latterly that they are disputed. Brittain WHITE Depo. Elemelich
SWEARINGEN, same place, 20 Feb. 1817, Q ( by complt) Was Michael TROUTMAN's
books brought before you or at your house for inspection agreeable to notice. A.
No, they were not. Q. ( by same) Was not Michael TROUTMAN's books once brought
before you in his lifetime A. Yes. Q. (by same) Do you think that the books was
kept in good order A. From what little examination I made in the books, my
impression is that they were not kept as books ought or might be kept. Elemelich
SWEARINGEN Depo. Levy SIMMONS, same place, 18 Feb. 1817 Q. ( by complt) Do you
believe that you was fairly dealt by in your dealings with Michael TROUTMAN's
books in his lifetime and after by his executors. A. I do not know but in the
lifetime of Michael TROUTMAN decd but I was fairly dealt by as to his books, but
by his executors I was not fairly dealt by, which I am fully satisfied as to
myself. Q. (by same) In what manner do you think that you were not fairly dealt
by the executors. A. The executors of Michael TROUTMAN decd served a warrant on
me or had it served to the amount of nine or nine and a half dollars, but when I
had the regular credits given by one of the executors, namely Abraham TROUTMAN,
was the sum on only abut twenty two and nine pence. Q. ( by same) Did you not
understand genearlly that the books of Michael TROUTMAN was not regularly kept?
A. I have heard people talk so but I do not recollect whom. Levy SIMMONS Depo.
Rebecca SIMMONS, same place, 9 Sept. 1816 Q. (by complt) Did Michael TROUTMAN
decd ever get a gray mare of me, and if he did at what price? A. Yes, he did get
a gray mare of you, and to the best of my recollection, the price agreed on
between yourself and said TROUTMAN was seventy eight dollars. Q. (by same) Do
you recollect what year it was in which said TROUTMAN got said gray mare of me?
A. I do not. Q. (by same) Did said TROUTMAN ever get any cattle or sheep or both
of me, and do you recollect how many? A. To the best of my recollection said
TROUTMAN got three cows & 3 calves of you, and eleven sheep. Q. (by same) Do you
recollect the year in which said TROUTMAN got those cattle and sheep of me? A. I
do not. Rebekah SIMMONS Dept. John PATTERSON, Leitchfield, Grayson County, 2
Sept. 1816 Q. (by Phillip Troutman) Did you or did you not understand from John
R. GAITHER in Michael TROUTMAN's lifetime that there was one hundred acres of
land lying in Bullitt Co., near Salt River, part of a tract of land, which sd.
GAITHER now lives on, sold by the sheriff of sd county under execution, which
land I understood from John R. GAITHER Michael TROUTMAN had long before
purchased? A. I did. Q ( by same) Did you not understand from John R. GAITHER
that the hundred acres of land that he said was sold by the sheriff should be
laid off of any part or side of said land where the said Michael TROUTMAN might
choose. A. Yes, I did at several times. J. PATTERSON Depo. Jacob WILLS, taken at
home of Elemilich SWEARINGEN, Bullitt Co., 26 July 1816. Q. (by complt) Do you
or do you not know anything about a contract taking place for land between
Michael TROUTMAN decd and Richard SIMMONS decd in their lifetime? A. I do not
know anything about a contract. Richard SIMMONS informed me that he had bought
the land from Michael TROUTMAN that I then was living on and said I was to pay
him the rent instead of Michael TROUTMAN. Q.(by same) Was not you at that time a
tenant of Michael TROUTMAN's and in what year did Richard SIMMONS call on you
for the rent. A. I was a tenant to TROUTMAN in the year 1806. Richard SIMMONS
called on me for the rent in the year 1806 or 1807. Q.(by same) How many rents
did you pay Richard SIMMONS for the plantation you lived on? A. I paid Richard
SIMMONS four years rent and Robert BRISKOE paid him one. His Jacob X WILLS mark
Depo. Joseph SIMMONS, same place, 6 Sept. 1816. Q. (by complt) Do you remember
of an order I gave you on Michael TROUTMAN in his life time and how much was it
for and what was the conversation that took place when you presented the same?
A. I remember the order you gave me was for twenty dollars or upwards. Mr.
TROUTMAN said the order was good and accepted and discharged the same, saying at
same time that he was owing of John R. GAITHER the Plaintiff and was willing to
discharge the same. Q. (by deft) When or what time did you present the order
above mentioned to Michael TROUTMAN A. I don nor recollect when or what time I
presented the order. I think about twelve or thirteen years past. Q. (by complt)
Did you understand at the time from Mr. TROUTMAN when you presented the
mentioned order what said TROUTMAN was owing me for? A. I understood him it was
for property. Joseph SIMMONS Depo. Henry CRIST, taken at the house of Thomas
JOYCE, Shepherdsville, 3 Mar 1817 Q. (by complt) Have you been in the habit of
having standing accounts with and dealings with Michael TROUTMAN for the last
twenty years before his death? A. I have had standing accounts and dealings with
Michael TROUTMAN for about fifteen years before his death. Q. (by same) In the
course of your dealings with Michael TROUTMAN do you believe that his books were
correctly kept? A. I don't think they were regularly kept. Q. (by same) Have not
differences arisen between yourself and Michael TROUTMAN respecting the
settlement of your accounts? A. On the settlement of some of our accounts we had
some differences, but on explanation we generally settled Q. (by same) Have not
these differences resulted from, as you supposed, inproper exhibits in the
accounts of Michael TROUTMAN? A. I cannot say that it was from the exhibits
being imperfect, but from the confused order the books were kept in. Q. (by
same) Do you believe that correct accounts might reasonably be expected from
books thus confusedly kept? A. I would suppose that books kept as they were
would result in mistakes. H. CRIST Dept. Evan GAITHER, taken Elemilich
SWEARINGEN, Bullitt Co., 9 Sept. 1816. Q. (by complt) Did Michael TROUTMAN decd
ever get a gray mare of me and if he did, at what price did he get her at? A. I
have generally understood from the family that said TROUTMAN did get a gray mare
of you, but do not recollect it myself. Q. (by same) Did said TROUTMAN get any
cattle or sheep or either of them of me, and how many? A. The sd. TROUTMAN did
get a parcel of cows, but I do no t recollect how many; and to the best of my
recollection he got some sheep also; but I do not recollect how many of them. Q.
(by same) Do you recollect the year in which said TROUTMAN got those cattle and
sheep of me? A. I do not. Evan GAITHER Depo. Robert BRISCOE, same place, 6 Sept
1816. Q. (by complt) Were you present and did you witness a deed made by the
Compt to Michael TROUTMAN decd bearing date the 27th day of July 1804 for the
land on which said GAITHER then lived and still lives? A. I was present and did
witness the said deed. Q. (by same) Were you present and did you witness a bond
of the same date given by said Michael TROUTMAN to the said GAITHER concerning
the same land. A. I was present and did witness the said bond. Q. (by same) Did
GAITHER actually sell said land to said Michael TROUTMAN? A. He did not sell
said land to sd. Michael TROUTMAN. I did not hear any talk between them as to a
sale of the land. I was present when said GAITHER applied to said TROUTMAN to
borrow money of him to pay Richard SIMMONS, and give said land as security for
the money. Q. (by same) Was the deed made for the land as a pledge or security
for the money only? A. It was and I am sure a sale of the land was not agreed to
or understood by the parties. Q. (by same) After the signing of said deed and
bond, did sd. Michael say how much I owed him. State all he said and what teh
sum. A. I do not recollect particularly. The execution of SIMMONS which TROUTMAN
paid was about two hundred and ten dollars. And I think TROUTMAN informed
GAITHER at that time his book account was about twenty eight pounds. Q. (by
same) Did said Michael get a gray mare from me, and at what price, and if no
price was agreed upon, what was her value? A. I know TROUTMAN had possession of
a gray mare, which GAITHER did own, but how he got her I do not know. Neither do
I know her value. Q. (by same) Did said Michael get any cattle and sheep or
either of them of me, and if he did at what price or their value. State all that
you know about it. A. I recollect that said Michael got two cows from you, which
I suppose were worth eight or ten dollars each. Q. (by deft) Did not Michael
TROUTMAN agree to settle an execution then in the hands of the sheriff for a sum
of money due Richard SIMMONS from John R. GAITHER. A. He did agree to do so. Q.
(by same) Did you understand at the time when you witnessed this bond and deed
what time this money on account and money borrowed was to be paid? A. The money
was to be paid to redeem the land in the term of four years - - it also appeared
to me that all sums were included and to be paid at the expiration of four years
that was due at that time. Robert BRISKOE Depo. John B. JACKSON, same place, 26
July 1816 Q. (by complt) Did not Michael TROUTMAN forewarn you from cutting
timber on a certain peice of land that said TROUTMAN sold Richard SIMMONS decd
formerly the property of John R. GAITHER A. He did forewarn me from cutting the
timber off of said land and told me that he had sold said land to Richard
SIMMONS decd and said he, John R. GAITHER, knew it - - and that he had sold said
land to satisfy himself for money lent to said GAITHER in time of his need. Q.
(by same) How long has it ben since you was forewarned from cutting this timber
by said TROUTMAN on said land. A. Upwards of eight years. His John B. X JACKSON
mark Dept. John PATTERSON, Leitchfield, Grayon Co., 21 Jan 1816 Q. (by Philip
Troutman) Did you hear John R. GAITHER say in Michael TROUTMAN's lifetime that
he wished that the said TROUTMAN would pay him up the balance concerning (?) the
land he lived on that he might move off of said land which lies in Bullitt
County. A. Yes, I did several times. Q. (by same) Did not John R. GAITHER tell
you that he had spoke to Michael TROUTMAN abut the balance that was coming
towards the said land he now lives on. He said that TROUTMAN's reply was that he
was tight run for money at that time & the said GAITHER said to me that it made
but little difference to him but he would be very glad to get it so that he
might leave the land for he considered it as TROUTMAN's land as soon as the
balance was paid. A. Yes, I did several times. J. PATTERSON Deposition: Depo.
James HALBERT, taken at house of Elemilich SWEARINGEN, Bullitt County, 9 Sept
1816, who says that being called upon by the complt or Joseph SIMMONS to survey
some land for him, the complt., he attended at the complts house on the 27th day
of August 1816 for that purpose and surveyed and laid off for the comlt.., so
much of his claim of 500 acres of land as lay within the bounds of the purchase
made from Michael TROUTMAN by Samuel, William & Jonathon SIMMONS - - that he was
accurate as he believes in running the lines around the same - - that he hath
made a plat of the said interference, being 102 acres which plat is made a part
of this deposition. . . This deponent states that he actually run around the
said 102 acres of land, which is marked on the plat between the letters "A, D,
E, F" , the rest of the 500 acres all being laid down in the plat is from the
patent - - that nearly opposite the mouth of Floyd's Fork where GAITHER called
to begin he was shown two hoop ashes & a maple all standing and shown by GAITHER
at his beginning corner - - at the letter "E" marked on the plat, a white oak
tree and two beechers appear, the beeches marked as corner trees, one of which
has the letters "T.W" upon it very plain. They were shown to me by said GAITHER
and Jos. SIMMONS as the upper corner of SIMMONS purchase from TROUTMAN on the
river - - The line from these trees to the intersection with GAITHER's back line
from the river at the letter "E" is plainly marked - - The third or the last

corner being a sugar tree called for in GAITHER's patent was not found, it being
as I believe within the clearing of William SIMMONS. James HALBERT (my note
here- the next 3 pages are a drawings of the plat and explanations of drawings.)
ENTRY: May 24th 1780 John GAITHER Assee. & c. Enters 500 acres upon south side
of the Town and up the fork and out for quantity. Survey: Surveyed for John R.
GAITHER Assee. 500 acres of land in Nelson County on a Treasury Warrant No. 3130
lying on Salt River and bounded as followeth, vix, Beginning at "A" two hoop ash
trees and a maple sapling opposite to the mouth of Floyds Fork; thence N40E up
the river and binding thereon 140 poles; thence N70E 40 poles; thence East 50
poles; thence S65E 90 poles to "B" a white oak and beech standing on the river
bank above the mouth of Cedar Creek; thence S18E 235 poles to "C" a buckeye,
spanish oak and ash; thence s72W 283 poles to "D" a sugar tree; thence N18W 235
poles to the beginning - - July 7th 1789 Patent: A patent for the above tract
was issued to GAITHER 22 Apr. 1792 on a TW # 3130, issued 20 Feb. 1780. Entry:
February 12th 1783 John EDWARDS enters a preemption warrant of 1000 acres
adjoining between his settlement as assee. Of Henry TILLEN and Salt River and
joining TILFORD's line and to join the southwardly side of settlement with the
residue of the said warrant to be laid off in two surveys. Survey: Surveyed for
John EDWARDS 560 acres of land in Jefferson County by virtue of part of a
preemption warrant No. 1082 on the South side of Salt River joining his
settlement. Beginning at a hickory and an ash in a glade thence N23W 155 poles
to a beech, hickory and a small walnut on the bank of Salt River then binding on
Salt River up the meanders of said river 400 poles to a white oak, two sugar
trees and a beech on the bank of Salt River thence S23E 318 poles to two beeches
and hickory near a small branch, thence S67W 375 poles to the beginning - -
February 24th 1783 Patent: A patent to the above tract was issued to John
EDWARDS, assee, of Jacob MYERS, assee, of Henry TILLON - - 560 acres on part of
a preemption warrant No. 1082, issued 16 Aug. 1780; surveyed 24 Feb. 1783,
Patent issued to EDWARDS 15 June 1784. DEED: From Michael TROUTMAN and
Elizabeth, his wife to Samuel, William, & Jonathon SIMMONS, al of Bullitt Co.,
19 May 1811. 450 acres on south side of Salt River and bounded as follows:
Beginning at a Spanish oak and dogwood standing on the bank of Salt River, it
being Benjamine POPE's upper corner on the river; Thence with said POPE's line
S23E 252 poles to a beech in Richard SIMMONS line; thence N67E 23 poles to two
beeches, corner to Richard SIMMONS; thence N23W 360 poles to a white oak, beech
and sugar tre standing on the bank of Salt River; thence down the river with the
meanders thereof 260 poles to the beginning. Note: John R. GAITHER's full name
was John Rogers GAITHER. Deed: 27 July 1804, John R. GAITHER & Mary his wife
convey to Michael TROUTMAN for 400 pounds GAITHERs tract of land on the south
side of Salt River opposite the mouth of Floyd's Fork; deed witnessed by Abraham
TROUTMAN, Robert BRISCOE & William de ROHAN, recorded Bullitt County 24 June
1805. Bond: Same date as above and witnessed by the same persons in which
TROUTMAN agrees to reconvey the above land to GAITHER if he repays TROUTMAN
within four years. (The last 2 pages are John Michael TROUTMAN's will, signed 10
April 1814. This will is online in the Bullitt County Gen Web archives. )

Philip married Ann Aud about 1816. (Ann Aud was born about 1800.)