Catherine Garnett vs. Stockton
Transcriber by Gladys B Wilson, Glasgow, KY March 1976
CATHERINE GARNETT-VS STOCKTON'S ETC
SUIT NO 476 - BARREN COUNTY KY CIRCUIT COURT
FILED 1828 (AND LATER)
To the Hon Judge of the Barren Circuit Court In Chancery sitting respectfully Sheweth unto your honor your Petitioner Catharine Garnett, by her next friend John Garnett;
That on the 6 day of Oct 1825 your petitioner Catharines Grandmother Catherine Stockton widow of Robert Stockton dec'd, departed this life Intestate, leaving a negro girl named Eliza 9 or 10 years and worth about $___. Your petitioner Catharine states that James P Stockton administered upon the estate of said Catharine dec'd, as she is Informed and said negro girl, still remains in his hands undisposed of, there being no debts of said decedent to pay off that would require said administrator to Sell said Slave as your petitioner is informed,
The persons who would be entitled as heirs & legal representatives of said Catharine dec'd, to said negro, are - Saml B Robertson and Nancy his wife late Nancy Stockton; Richard Garnett &Dosha his wife late Dosha Stockton; William Herrin & Unity his wife late Unity Stockton; Lowry Bishop & Catharine his wife late Catharine Stockton; James Hall and Prudence his wife late Prudence Stockton, (being all the married daughters of s'd Catharine dec'd now living); and Reuben B Stockton; James P Stockton; and Joseph B Stockton, all the sons of said Catharine dec'd; and the children of Rachel Howard dec'd late Rachel Stockton and her daughters (sic) Viz: John Howard; Betsy Bishop late Betsy Howard and Joseph Bishop her husband; Nancy Morgan late Nancy Howard & William Morgan her husband; Catharine Smith late Catharine Howard and Matthew Smith her husband; and Martha Howard daughter of Reuben Howard dec'd who was a son of Rachel Howard.
The children of Robert Stockton Jr dec'd Viz:..Thomas B Stockton; Robert Stockton; William Haydon Stockton; James T Stockton; Betsy Wilson late Betsy Stockton and William Wilson her husband; and the Two Children of Catharine Hall dec'd (who was the daughter of Robert Rob't (sic) Stockton Jr dec'd) Viz: William Hall & James Hall; and Sally Stockton;
The children of Dolly Thompson decd late Dolly Stockton (who died before the Said Catharine Stockton dec'd) viz: Robert S Thompson; John Thompson; William Thompson, and the child of Nancy Thompson dec'd viz Catharine Thompson; Polly Sandridge late Polly Thompson and Aaron Sandridge her husband. The Children of Fanny Hall dec'd late Fanny Stockton viz. Robert S Hall; Samuel Harlow & Clarinda his wife late Clarinda Hall; Fanny Hall; & William Hall.
All of Whom your petitioner Catharine prays may be brought before the Court by Subpoena or otherwise, to Shew cause If any they have against this proceeding .
Your petitioner Catharine further states that by an Instrument of writing dated the 7th day of January 1826 which said instrument of writing is marked "A" and is prayed to be taken as a part of this petition the said Reuben B Stockton, Joseph B Stockton, and James P Stockton, being the children of said Catherine dec'd gave and conveyed all their right in & to said negro. Eiza above mentioned to your petitioner.
Now in as much as it appears, that Said negro cannot be properly distributed among those entitled, unless she is sold and the rnoney divided out - May it please Your Honor to decree, that the said negro girl Eliza be sold for money, in such manner as your honor may direct, and that the proceeds be divided according to the respective rights & Interests of the parties, allotting to your petitioner such proportion of the money as the said Reuben B., Joseph B., and James P Stockton might be entitled to as Children of the said Catharine Stockton dec'd.
She prays moreover that the last named defendants be required to answer in relation to the Instrument of writing herewith filed together with such other & for the relief, as to Equity belongs, and as in duty bound She will ever pray.
/s/ Tompkins, Atty for Petitioner
Your Oratrix by her guardian as aforesaid, would beg leave to State as amendment to her original Bill filed herein that, she is Informed & believes that since the filing of her original Bill. herein, the dept William Wilson has departed this life leaving his wife, and some children his heirs who are prayed to be made defts hereto, the last of whom are unknown to your Oratrix -
She prays therefore for an order for Publication against them as She is Infomed & believes they are not inhabitants of this Com'th. (Note: Com'th - the Commonwealth of Kentucky. GBW)
/s/ Tompkins
NOTICE (Abstracted) Geo B Pitts, Editor & Proprietor of the Bowling Green Advertiser, a weekly newspaper certitified that this notice had appeared two months by weekly insertions: Barren Circuit Court, June Term 1828 - The Complt Catharine Garnett, Defts Robert Stockton, Sally Stockton, William Hadin Stockton, James T Stockton, Betsy Wilson, John Howard and the unknown heirs of William Wilson dec'd, having failed to enter their appearance... it appearing to the satisfaction of the court that they are not inhabitants of the state, ordered that they appear . . . on their failure to do so the same be taken as confessed against them . . . dated June Term 1828
SUMMONS - The Commonwealth of Kentucky to the Sheriff of Christian County, Greeting: You are hereby commanded to Summon Martha Howard, infant daughter of Reuben Howard deceased to appear before the Judge of our Barren circuit Court at the Courthouse in Barren County on the 1st day of our next June Term to answer a petition in Chancery exhibited against her & other heirs of Catharine Stockton, dec'd for the sale of a negro girl Eliza by Catharine Garnett by her next friend John Garnett . . dated 24 May 1828
James T Stockton, William Hall, James Hall, Sally Stockton, Catharine Thompson, Fanny Hall and William Hall - the said guardian answereth for them - That they submit their interest in said slave Eliza to the equitable consideration of the Chancellor, etc .........
SALE OCTOBER 1828 REPORT -
Decreed and ordered that the sale of the girl Eliza be made, to the highest bidder at the Courthouse at Glasgow on a credit of (12) months for current money, the purchaser giving bond and good security, for the payment of the purchase money . . . Henry Eubank appointed Commissioner, who reported that the sale had been held, that George D Jewell became the purchaser at the sum of $257. giving bond and security. . . . /s/ Henry Eubank, Com'r
FINAL DECREE
This day came the parties aforesaid. . . the Commissioner having made the sale of the negro girl Eliza. .for $257. . . it is now finally decreed and ordered that the costs of this suit be first paid, & satisfied out of the money arising from the sale of said slave Eliza, & that the residue of the money be distributed & paid as follows:
1. Three equal twelfth parts to the Complainant Catharine Garnett
2. One twelfth part to Samuel B Robertson
3. One twelfth part to Richard Garnett
4. One twelfth part to William Herrin
5. One twelfth part to Lowry Bishop
6. One twelfth part to James Hall
7. One twelfth part to be equally divided among the children(of) sons-in-law & grand-children of Rachel Howard dec'd Viz: John Howard, Joseph Bishop, William Morgan, Matthew Smith, & Martha Howard
8. One twelfth part to be equally divided among the children, sons-in-law & grand-children of Dolly Thompson dec'd viz: Robert S Thompson, John Thompson, William Thompson, Catharine Thompson, & Aaron Sandridge
9. One twelfth part to be equally divided among the children & son-in-law of Fanny Hall dec'd viz: Robert S Hall, Samuel Harlow, Fanny Hall, & William Hall
10. One twelfth part to be paid to & equally distributed among the Heirs & distributees of Robert Stockton Jr dec'd as follows,
Viz:
1.Thomas B Stockton
2.Robert Stockton
3.William H Stockton
4.James T Stockton
5.Sally Stockton
6.One seventh part between William Hall and James Hall, children of Catharine Hall dec'd
7. The remaining seventh part to the unknown heirs of William Wilson, dec'd
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