Rader Ramblings

James Lee Rader -- 2633 Gilbert Way -- Rancho Cordova, CA 95670-3513

15th Issue Winter 1994-95

Rader church, Branson, Missouri

Rader, Webster county, MO

Casper Reeter settled 100 acres of land - 1765

At that time it was Lancaster county in the colony of Pennsylvania. Today it is in Lebanon County Pennsylvania about 40 miles east of Harrisburg, the state capitol, on interstate 81

This land is currently divided by interstate 81 and the county line between Schuylkill and Lebanon Counties. The land does not appear on any warrant or patent register for colonial Pennsylvania because of the method of gaining ownership avoided the normal process !

Many settlers on the frontier just squatted on land. They built their home and cleared land for farming. The Penn family wished to collect rent from people in their colony so they accepted applications beginning August 1, 1766. This little known way of obtaining title to your land in colonial PA was called the "East Side Application" process.

The survey was dated 8 May 1766 numbered A-40-149. The land was not patented until 11 Mar 1831 and by then the owner was William Power. The land office notes dated 16th August 1765 describe 200 acres "over the blue Mountains on Swatara Creek and Trout Creek and Land adjoining the United Brethern in Lancaster county". The survey itself (Book A40 page 149) says "By virtue of an Application No 538 dated the 16 th August 1765, surveyed the 8th day of May 1766 unto Casper Reeter the above described tract of land situate in Bethel Township Lancaster County containing one hundred and one Acres & allowance of Sixs?". The diagram shows neighbors of William Poor, Moravian land, Thos Clark. The Moravian land is actually over the line in Schuylkill county.

Who claims this Casper ? John Casper Stover's church in records for 1763 obviously belong to this person. That includes the marriage of Regina Gerhart to Caspar Roeder May 21, 1763 ! This preacher covered a large area in his circuit including the West side of the Susquehana river. My Casper Rader obtained title to his land in East Pennsboro township by the same method. The above marriage record has been claimed by researchers as my Casper.

There are the towns of Roedersville and Roeders, Schuylkill co., within 10 miles of the above land. These towns span the area of several townships; Pinegrove, Washington, Wayne and South Manheim.

The tax records for Pine Grove township, Schuylkill Co., exist for 1752, 1772, 1775, 1782 and 1790. They don't include any Raders of any spelling. Schuylkill county was formed from Berks county in 1811. There are not any Raders in the 1790 census for Berks county.

New Publications

The Cumberland County Historical Society has published CUMBERLAND COUNTY TAVERNS 1750-1840. This hard bound book by Merri Lou Schaumann contains 25 pages of describing the conditions for travelers. It has excerpts from travelers letters and diaries of the time. Several quotes hit home for me"

food

"Americans think it an honor to be the first to leave the table"

stage coach travel 1837

"The large body is hung from four so-called springs, which are nothing but four pieces of iron set at right angles to the axels and holding up the vehicle by means of very long braces, whose movement might very easily make you, in a fatal moment of distraction, pop out of the door. You can hang on, grip on, cling on as much as you are able, you will land every evening shattered, bruised, done up"

The remaining pages are very well done with the detailed descriptions of each known tavern. There are multiple photographs and diagrams on each page. If you want to be more familiar with the conditions of the early 1800s this book will help.

$34.95 (plus $2.10 sales tax PA residents only) $4.00 postage & handling.

Cumberland Co. Historical Society - 21 N. Pitt St. - Carlisle, PA 17013          

To Die in Chicago confederate prisoners at Camp Douglas 1862-1865, by George Levy. This Civil War era book is the first detailed look at the Northern equivalent of the South's Andersonville. Situated on Chicago, IL south side, Camp Douglas was a gallery of Horrors . This camp was built to be a U.S. Army barracks but it was used to house Confederate POWs and US Army Parolees.

My Great-Great Grandfather Died in this camp as did thousands of soldiers form the North and the South. If you want to flesh out your family history this might be the book for you. If you need anything from the Civil War era this bookstore might be able to help you!

Abraham Lincoln Book Shop - 357 W. Chicago Ave - Chicago, IL 60610 (312) 944-3085

$25.00 plus $4.00 S&H. published by Evanston Publishing, Inc - Evanston, IL 60201

Lebanon county Warrant, Patent & Survey Records Booklet by James B. Wolfson. He has done seven booklets, each containing one or more Townships.

North Lebanon, North Londonderry and Palmyra, West Lebanon Cleona North Cornwall and Lebabon City, North Annville and Annville, South Lebanon, South Annville

His newest work is Bethel Twp:

This booklet includes an 11" by 22" foldout Warrantee Tract Map that has 146 surveys plotted on it. The Booklet lists Warrant, Patent & Survey references and associated dates, Warrantee & Patentee Names, Area of Survey, Tract Names & lists 96 related surveys and associated information.

The map on page 3 was made by scanning a portion of Mr. Wolfsons map into the computer. Then rescaling it to match the scale of a United States Department of the Interior 7.5 minute quadrangle map. Then I printed the new map on plastic making an overlay. With the overlay on the Quad map I then scanned the finished map.

$12.00 plus $2.00 S&H (CA residents add $0.93 sales tax)

order from James B. Wolfson - 2169 E. Halva Ave - Fresno, CA 93720

Early Adventures on the Western Waters, The new River of Virginia in Pioneer Days 1745-1805 (Volume 3) bound in two parts by Mary B. Kegley

As I have mentioned over the years Mary has over 14 books in print covering South West Virginia. This book is a third in the set started by her and her uncle F.B. Kegley. This book will contain many family sketches including the Raders of Reed Creek. The index for the book is 122 pages long. This 929 page work is available prior to publication for $59.00. After Feb 15, 1995 it will be $69.00

$59.00

from Kegley Books, P.O. Box 134, Wytheville, VA 24382

"Harkerader vs Reeder"

The Rader/Reeder/Harkaraders lived in Wythe County Virginia in the late 18th century. 200 years ago these people bought and sold real estate, was their experience different form ours. How did they actually sell a piece of land ? Did they sell their land before moving onto the frontier ?

Mary Kegley has provided us many details over the years. Those of you who have purchased any of her over 13 books on Southwest Virginia know of her work. She has recently focused on the real jewel of source documents. Her previous work has been termed as solid gold by those of us who are looking for traces of our ancestors in her part of Virginia. If they were gold then, as she says, the following is diamonds !

You are aware of Chancery Court records, in the west these courts are called Civil Court. May of us have looked at summaries of those cases to find a mention of your ancestors. She has gone further, she has gone into the actual court records themselves. Not case indexes or summaries. The entire case.

In boxes in the basement of many court houses are bundles of papers. Those bundles are made up of ledger sized pieces of paper. The pages are first folded in half which creates a legal sized paper consisting of 4 surfaces. After they have been written they are then folded in thirds which makes a 8 inch by 5 inch packet. All of the notes, dispositions, surveys and judgements for one case are placed together and a ribbon tied around them. On the outside of each case is the name of the case like "Harkerader vs Reeder"

-----------------------

Steven Reeder owned many pieces of land in Wythe county when he died ! His children inherited but some of them no longer lived in the county or even the state. The following case involves Steven's son Majors Reeder of Blount County, Tennessee. From this case we learn many things:

1. Majors and his sister Hannah wife of Robert Davis each own half

2. Gasper Rader, Jacob Rader, Samuel Crocket and others are neighbors.

3. Gasper Rader on 28 September 1802 got a patent to his land

4. The land is in "The Cove" or "Crockets Cove" near Evansham, VA

5. Steven Reeder on 25 Jan 1783 recorded 135 acres in the "Cove"

6. Steven Reeder on 22 March 1790 recorded another 113 acres of land

7. Steven Reeder also recorded 182 acres of land on 1 Dec 1783

The documents that follow include typed copies of the actual records. The originals are actually The originals. Two of the Land Warrants are actually the Sheep Skin original! These old documents are now grey in color, I don't know what color they were originally.

--------------------

I did not try to modernize, correct spelling, correct composition. I tried to capture the flavor of the original handwritten documents. The Judge has written some notes and a judgement which are almost unreadable. Mary Kegley is going to try to translate for us. We owe her for her years of work on these records. The least you should do is buy her books !

First I include the deposition of the person who filed the suit. He tells his story in detail. Notice his description of the process

To his honor John Brown judge of the High Court of Chancery holden at Wythe courthouse, humbly complains showeth your orator Jacob Harkareeder that one Major Reeder claimed by decide from his father, Stephen Reeder deceased, a moity of 3 tracts of land lying adjoining in a place called the cove in the county of Wythe,

one for 295 acres granted the 23d hous??dier 1802,

another for 135 acres granted on the 28th day of Joly 1788

and one for 24 acres granted on the 10th of January 1799

the other moiety being claimed by Hannah a sister of the said Major Reeder and wife of Robert Davis, that your orator having seen the land, wrote to the said Major Reeder who had moved to the State of Tennessee, offering to give him 500 dollars for the land, ant to pay him 400 dollars in silver and 100 dollars in North Carolina bakn notes, that sometime afterwards, to wit, or the 14th July 1823 one Samuel Williams (to whose daughter the said Major Reeder was married) came to the residence of your orator and said that he came to sell the said lands to your orator for the price of 600$, your orator replied that that sum was more than he intended to give that he had written Major Reeder and had expected an answer for sometime, the said Williams remarked that probably the letter had miscarried and that he recieved a letter from Major Reeder, and was authorized to sell the land least for no less a sum than 600$, that if he sold for less it would be on his own responsibility. After considerable conversation, your orator agreed to the price, and to pay down 130$ and come on to town at Wythe courthouse with the said Samuel Williams, who hurried your orator into the clerks office, whence a title bond was drawn and executed by the said Williams in the name of Major Reeder, and by himself as a surety which bond is herewith executed & marked A.

When the bond had been executed and the said 130$ paid and your orators obligations given for the residue of the purchase money, the said Williams & your orator in walking along the street meet the postmaster, who informaed your orator that there was a letter for him in the post office

immedately

your orator observed to William that it was probably a letter from Reeder, William said as the bargain was concluded, it was useless to take out the letter, your orator suspected a trick, went to the office, and recieved a letter herewith presented and marked B by which Major Reeder accepted your orators offer of 500$ and promised to send David Williams (supposed to be his brother in law) ro make the title, but says nothing of any agency of Samuel Williams. Your orator further states that the said Samuel Williams altho he signed the name of Major Reeder to the title bond, has never shown aby authority whatever to act as the agent of the said Major Reeder. He further states that one of the notes given by him for 270 dollars he has been sued for, and paidup and that suit for the other 200$ is now a defending in the superior court of law for Wythe county. Your orator insists that the said Samuel Williams drew him to give 600$ for the land by falsehood, supposition of truth and dishonorable fraud. that if the contract made by Williams, Reeder was not bound so neither was your orator, that the contract made by letter between your orator and Redder is that which should be established being fair while that made by William should be regarded as a shameful act of swindling.

Your orator will further state that Robert Davis and your orator got a person skilled in surveying to divide the land, and Davis attended to a part of the mimmind & when he departed, left instructions that if he did not attend the next day, the land should be divided into equal moieties, which was done, only giving the said Davis a few acres the most, yet he refused to stand to the division, so that your orator has no title either for a distinct or an undivided moiety.

Your orator will further state that he is well satisfied that a large part of the 295 acres tract which is held by survey dated 6th May 1800 in included in an older survey for about 75,000 acres made for Robert Pollard and granted by patent.

The The prayer & your orator is that Major Reeder, Samuel Williams and John M. Porter (for whose benefit the suit is brought in the Superior court g-law for Wythe County) be made parties defendant to the bill and may answer the allegations thereof or saith that all further proceedings in the suit aforesaid for 200 or an judgement if judgement is obtained in the said superior court of law may be injoined until the matter can be heard in equity and hat such relief may be granted to your orator as belongs to equity and good consience

May it please your honor to grant the commonwealth unit of opae

Wythe County Court

This day Jacob Harkarader personally appeared before me a justice of the piece for the county afoersaid and made oath that the allegeor him in the foregoing bill so far as relates to his own actings and doings are true & that so far as they relate to the goings and doings of others he believes them to be true

Given under my hand this 18th May 1825

Then I include the story as seen by others involved

Wythe County towit

In pursuance of a notice we have proceeded agreeably thereto to take the affidavits of the following witness on behalf of Jacob Harkreder to be read as evidence in the Injunction depending the Wythe Superior Court of Chancery wherein the said Harkri.der is Clt. and Major Reeder & others are Defts.

Dabney Painter of lawful age being sworn on the holy evangelist deposeth & saith that the Pltff & Robt. Davis & Wm Hownshell the Surveyor came to my house in the fall of 1823 to survey & devide the land between the pltff. & Robt. Davis & commence'd running the land belonging to Davis and the land purchas'd by Harkreider & not finishing that 20 the day, they appointed the friday following to meet again, on which day the pltff. & Wm Hownshell appeared but Robt. Davis did not appear - the pltff. & Hownshell went on with running the Canch & run the devision line -

Question by pltff. - did not you hear Robt. Davis on the day he was there say that if he did not come we should go on & run the line & devide it equal

Ans. he said if he did not come you should go on and run the devision line & got me to carry the chain & I heard Hownshel say that he throw'd some more land on Davis side then in to the pltffs part.

Question by pltff. - do you know how we found out how big the survey inter'd with the land we was running -

Ans I hear'd you & Hownshel talk that the big survey did interfere - & further this affaiant saith not

Dabney Painter

 

John Brown of lawful age being sworn deposeth & says that it is his impression that his patton'd land will run into the lands of the pltff & further he says not

John Brown

Sarah Harkreider of lawful age is sworn and deposeth & saieth

Sam l Williams came to my house & enquir'd of my mother wether my father was at home -- she asked him wether he had any particular business with him - he so that he wanted to sell him the land & then ask'd wether my father had recd a letter from Major Reeder, she answer'd in the negative he then insisted for my mother to send for my father & she sent for him & when he came Mr Williams offer'd to sell my father the land, my father told him that he had sent a letter to Mr Reeder in which he had offer'd him five hundred dollars for the land & that he was looking for an answer every day but had recd none yet; Mr Williams then said he had rec'd a letter from Reeder that he should sell my father the land my father ask'd him what he would take for it & he said six hundred Dollard my father asked him whether he would take less - he said he could not for that was Reeder orders to him to take no less & Mr Williams was anxious for my father to go to town with him to close the bargain & they started to go to town together -

Question by pltff did you hear him say that if he traded he would trade just & honest & my father said he wanted to do the same & further the effiant saith not

Sarah Harkreider

Geroge Orey being sworn deposith & saith

Question by pltff did not you recieve two letters from Tennesee at the same time one for Saml Williams & one for myself

Ans there was two leters from Tennessee in my post office at the same time one was for Saml Wiliiams & one for Jacob Herkreider & Harkreider told me to take notice of the contents of his letter & I think the letters were taken out of the office on the same day but Williams took his letter some time before Herkreider got his

Question by Pltff

did I not when I took the letter tell you that I was afraid Williams had taken me in

A. I think that was your observation & you got me to read the letter & I told you it was as you suppos'd adwis'd you to take the oppinion of an Attorney on it & and further saeth not

George Oury

the above Affadavits were sworn to & subscrib'd before us on this 15 th day of October 1825 at the house of John P. Nye below Town of Evansham

John L. Lindenberger

Next the letter that was a little

Blount County Tennessee June 22, 1823

Mr Jacob Harkreder

Since I recieved your letter concerning my land in the Cove it is too low at price I offered it when I was in Virginia but I am now living here at a distance from the land -- that I have not the same chance to sell it as if I was living there so I have concluded to let you have it for the four Hundred dollars in Silver and One hundred Dollar in South Carolina money so you may be ready for me about the middle of July I will Either come myself or send David Williams Empowered to make you a right for the land and fetch me the money nothing more at present but remain yours

Majors Reeders

And the note signed by Harkerader

Reeder & Williams to E title Bond

Harkerader

===========

A

know all by these presents that Mr Majors Reeder ans Samuel Williams are held and firmly comed unto Jacob Harkerader in the several sum of twelve hundred dollars to which payment well and truly to be made to the said Jacob Harkerader his heirs. We bind ourselves our heirs Jointly and severally firmly by trust presents sealed with our seals dated this 14th day of July 1823

The condition of the above obligation is such that whereas the above bound Majors Reeder hath this day granted bargained and sold unto the said Jacob Harkerader our moity of a certain tract of said devised to the said Majors Reeder & Hannah Davis formerly Hannah Reeder by their father Stephen Reeder dec'd. lying in the Cove in Wythe County supposed to contain about foru hundred eighty three acres more or less adjoining the lands of John Brown (cove) Elizabeth Crockett, Jacob Hutsell & Frederick Repass - for which the said Harkerader has paid to the said Reeder the sum of Six hundred dollars the reciept whereof he doth truely acknowledge -. Now if the said Reeder shall on or before the Experiation of Six months from this date make to the said Harkerader a good & sufficient title in which his wife shall join, with genual Wana for oue moiety ( or half of the above deser leed tract of land then the above obligation to be void else to remain in full force & virtue.

But it is especially understood that the said Harkerader is to have the it divided at his own expence and ascertain the boundaries of the moiety whereof, land which may fall to him on a division so as to enable the said Reeder to make him a deed in the time above stipulated and should the said Harkerader fail to have the division made within six month from this time, the the said Reeder binds himself to make a deed so soon after the expiration of the said six months as the said Harkerader shall have the Division made.

In testimony whereof the said Reeder by Samuel Williams his agent and the said Samuel Williams have hereto sit their hands & afficed their seals this day and year above written

Majors Reeder

by Samuel Williams his agent

What did father-in-law Williams have to say ?

Samuel Williams

ad E Auswer

Jacob Harkrader

filed 31 Oct 1825

To the Honorable John Brown Judge of the Superior Court of Chancery holdem at Wythe court house,

The seperate answer of Samuel Williams to a bill of complaint exlubited in this Honorable Court, by Jacob Harkrider against this respondant & others, this respondant saving to himself the usual exceptions to the said Bill, for answer saith, that sometime in the year the complainant applied to this respondant to know where his son in law Major Reeder resided. Stating that he wished to purchase his interest in the tract of land mentioned in the bill, your respondant gave him the information required, and having the letter already written the complainant directed it to the said Reeder, sometime in the month of July 1823 your respondant recieved a letter from the said Reeder informing this respondant that he had recieved a letter from the complainant in which the complainant had offered the said Reeder $ 400 in silver & $100 in North Carolina Bank notes, or $600 in Tennessee bank notes, to be paid down for Reeders interest in the land, and also informing your respondant that he the said Reeder or David Williams who resided in the neighborhood of Reeder could not conviently come to Virginia at that time, and requested your respondant to go and see the complainant, to make any contract which this respondant thought proper with the complainant for the sale of the land, this respondant accordingly went to the house of the complainant on the 14 th of July 1823 and the complainant not being home, he informed the complainants wife of his business, who immediately sent for the complainant, and when he arrived they both appeared exceedingly anxious to purchase the land. Your respondant informaed the complaintant of the contents of said letter, (which is now lost or mislaid), the complainant stated that he had not the money him to pay for the land, that he only had $ 130 on hand, and that for the balance he must have credit, your respondant informed him that he expected the money to be paid in hand; after some hesitation your respondant informed the complainant if he would pay for the land in har money and not Tennessee money, which was paying at a discount, that your respondant would give him a credit. the complainant then proposed to pay $130 in hand and $270 on the first day of September full owing, and $ 200 on the first of September 1824. The last payment to be in North Carolina money; this respondant agreed to the proposition, with this exception that if the North Carolina money would not pass at par, when the last payment would become due, that the payment should be made in such money, (Bank notes), as did pass at par. to which the complainant agreed. This respondant then proposed to go to Wythe Court house to draw the neseccary writting and the complainant would pay at his own house the $ 130. "to bind the bargain" as he expressed it.

After the arrival of this respondant and the complainant at Wythe Court House, this respt. had his house put up at a tavern where he intended to stay all night, and the complainant then came to this respondant, to go to Capt. Mathews, the clerk of Wythe county court, to have the writings drawn, Capt Mathews not being in his office they were drawn by Mr. John Foster the deputy clerk to the satisfaction of both parties and were executed. the complainant did appear to be in a hurry saying he wished to go home that evening, that he was very busily engaged with his harvest, but this respondant denies expressly that he hurried the complainant to prevent him from searching in the post office for a letter.

After the writings were executed, the complainant did go to the post office and recieve the letter marked B. after the receipt of the letter the complainant come to this responant and said this responant had taken him in. this respt. asked him how, or in what manner? the complainant then produced the letter, this responant on reading the letter, asked the complainant, if he was prepared to pay the money in hand, as that was clearly Reeders intention, he said he was not, but perhaps he could borrow it, this respondant then told him if he could pay the money in hand he would still make a discount, and informed the complainant that he would discount $50 if he could pay the money in two weeks. The complainant then agreed that he would try to borrow the money and pay it within the two weeks, but he entirely failed in so doing.

After this conversation the complainant perposed to leave it to some person to say whether he should abide by the contract, and proposed to submitt it to Capt. John P Nye, to which this respondant agreed. the said Nye being in town, the letter B. was shewn to him, and the contract stated by both parties, and the said Nye informed the complainant that he could discover nothing unfair in the transaction, and advised him if he could borrow the oney to do so, and pay it in time to get the discount of the fifty dollars.-

It was stipulated on the part of the complainant that he should have the land surveyed or divided at his own expense, and to furnish the courses so that a deed could be made to him, and he has never yet furnished the courses & so that a deed could be made to him.

Your respondant has understood from the complainant that sometime after he had made the purchase that a line dividing the land was run and he requested this respondent to go with him to Robert Davis whos wife was entitled to one half of the land, to get saidDavis to let the complainant have the part of the land on which there was a certain large spring at which the complainant wished to settle and the said Davis did agree that the complainant should have that part of the land, the complainant then declared himself well satisfied with his contract. And this respondant has understood and believes, has settled on the said part of the land.

This Respondant knows nothing of the title or the quality of the land, he never having been on it, but the complainant resided in the neighborhood, and at the time of the contract this respondant informed the complainant, that he knew nothing about Reeder title to the land or its quality, the complainant stated that he was well acquainted with both.

This respondant saith that he had no interest whatever in the sale, but that his son in law Rader, was at that time in great want of money, and this respondant believed, nd still believes that $500 in good money in hand, would have been worth as much to Reeder, as the amount which complainant agreed to pay on a credit; especially when part of the $270 could not be collected from the complaintant but by suit, such were Reeders necessities, that when the complainant could not pay, this respondant in order to get money for him, had to sell the $ 200 debt to his Co.deft. Reston, for its monimal amount of twenty or twenty five per cent.

This respondant denies that he practised, or intended to practice, any fraud or swindling on the Complainant, that he made any false statements, or suppressed the truth. And having fully answered he ass to be hence dismissed with his costs

Drafter for Rept.

Wythe County to wit:

This day Samuel Williams made oath before me the subscriber a Justice of the piece for the county aforesaid, that the Statement contained in the foregoing answer so far as they made on his own knowledge are true, and so far as they are made on the information of others he believes to be true. Given under my hand this 24 of Octr. 1825.

What did the surveyor think about the situation

By virtue of a commission to me directed from the Superior Court of Chancery holden at Wythe courthouse I have on this 20 th day of May 1826 at the said Courthouse proceeded to take the Depositions of the following Witnesses on behalf of Jacob Harkerader to be read as evidence in a suit defending in Said Chancery Court Wherein Said Harkerader is Plt. and Majors Reeder, Samuel Williams & John Preston are Defts.

William Hounshell of lawful age being Sworn & interogated Saith:

Question by Pltf attorney - Have you as a Surveyor ??? rounded the tract of land owned by Majors Reeder & Robert Davis' & his wife a part of ehich has been sold to the complainant Jacob Harkerader by Samuel Williams as agent of Majors Reeder.

Answer I am not a legal surveyor but understand the use of the compass - I have run round the land spoken of agreeably to the patents produced to me and I found nearly all the courners and lines.

Question by Same Please to look on the plat marked AA and now produced by you and say if it does exhibit a figure of the land.

Amswer by including the three ?atenly and bringing them all under one as I was ordered to do the best of my Skill & Judgement it does.

Question by Same Which parts of the figure is the land sold to Harkerader

Answer the parties were not agreed as to the division line lenh Harkerader lives on the piece marked 377 area

Question by Same Have you tried the lines of a tract of land surveyed for and granted to Robert Pollard ???erpering with the tract of land in question

answer I have run a line which was said by the neighborhood to be a line of Pollard land and found it to interfere with the land in question

Question by Same Did you find the line marked

answer I found the greater part of the line marked I run about 520 poles out of which I think there were not more than 150 poles of the distance not marked

Question by Same what was the course of the line which you run Supposed of Pollard Survey

answer South 69 West 520 poles

Question by Same What proportion of the area 377 acres would Pollard Survey include Supposing said Survey is Pollard

Answer as near as I can answer the question witness a calculation the double dotted line will show the interference

Question by Same which of the land as laid down on the figure marked AA would Pollard survey take supposing it was a line thereof you run

Answer If the information reviewed by me from the neighborhood be correct it would take the north side of the double dotted line

Question by Same how much of the residue of the area of 377 acres is taken by a Survey of John Brown of 230 acres.

Answer the black lines on the figure well show some thing like the interference I cannot state the quantity

Question by Same Have you seen Browns title

Answer I have seen browns patent which is dated 28 September 1802 and the date of the suevey on which it issued is 10 April 1800

Question by Same look at the courses marked 66 and see if they are the same by which you made the plat marked aa

Answer I have looked at the cources and they appear to read the same as the different patenty from which I made the Survey

Question by Defts Counsel by whom were you requested to run the lines of the lands belonging to Robert Davis & wife & Majors Reeder ?

Answer I was requested by Mr Harkerader and I think also by Robert Davis but as to being requested by Davis I do not well reclict however I went on the day appointed to make the Survey and found Davis there Harkerader came after some time.

Question by Same Was Samuel Williams and Majors Reeder or either of them there

Answer no sir

Question by Same Were you requested by Majors Harkerader & Davis to make a division of the land between them and if so did you do it

Answer I was requested by them to make a division but before the same was made some alteraccation took place between them relation to the lines the division was not made at that time -- They appointed another day to make it at which time I attended was met by Mr Harkerader at whom request I went on and made the division - Mr Davis did not attend on the last mentioned day

Question by Same was It agreed between them that Harkerader should have choice of the parcels of land after the division

Answer No sir I cannot say it was -

Question by Same At the time you met upon the land when Davis & Harkerader were present was the supposed interferance of Pollard & Brown land known to the parties.

AnswerI believe there was nothing known of it

Question by Same How long after you meet to make the division was it that you run the line which you suppose to be Pollards

Answer On last Tuesday I run Pollards lines and the time we met was shortly after the agreement between Williams & Harkerader

Question by Same At what time did you first hear Mr Harkerader speak of the interferance of Pollard & Brown lands

Answer It was on the second day we were employed in running the land and the first time we met for that purpose at least I have nothing said by him on the first day to the best of my recollection - on the Second day we came near a marked tree on which Mr Harkerader observed that he was sure the big survey would interfere.

Question by Same Do you know of your own knowledge that Pollard has any grant for land in that neighborhood

AnswerI do not

Question by Same Has not Mr Harkerader resided a considerable time in that neighborhood

Answer I have this moment heard him say that he has resided in the neighborhood about sixteen years

Question by same Does Mr Harkerader remain in the peacable and undisturbed possesion of this land

Answer As to all the land except what Brown claims I believe he has peacable possesion whether Mr. Brown would permit him peacably to possess what he claims he can say himself

and this deponent not being further interogated saith not

William Hounshell

John Brown of lawful age being sworn & interogated saith

Question by Pltf. Attouney Have you a grant for part of the land claimed by the heirs of Stephen Reeder apart of which has been sold by Sam Williams for Majors Reeder to Jacob Harkarader

Answer It appears my line runs through it

Q Can you state the dating - you m entry survey & grant

Answer the dates of the survey & Patent are as given by the witness William Houndshell - I do not know the date of each entry

Q Are you by yourself or a tenant in possesion of that tract of land

Answer by a tenant

Question by same Do you maintain your claim against that under the heirs of Stephen Reeder ?

Answer I do maintain my claim

Question by Deft Counsel Do you not feel interested in establishing a better right in yourself than there is in any other person ?

Answer Of course I am

Question by same Have you or a tenant of yours actual possesion of that part of the land in Which you suppose there is an intererference with the land formerly Claimed by Stephen Reeder.

Answer none of the disputed land is cultivated inclosed or improved by any person

and this deponent not being further interrogasted saith not

John Brown

The foregoinmg depositions now sworn to & Subscribed before me and in the presence of the Plt. & his counsel and Defts. counsel

Porten ??

The witness claim one days allend and each and I was engaged three hours

JPtosten coun?

---------------------

on back --

So much of William Houndshells deposition is excepted to as speaks of a grant to Pollard, and a grant & survey to Brown if there be such grants Surveys they they ought to be produced or copies of them, it alos objected to because the survey made by Houndshell & to which he refers was made in the absence of the defendants & without notice to them -- John Browns desposition is execpted to by counsel he is interested and because his grant if he has one ought to be produced

I Draper

May 22, 1826

The kids needed cash so father-in-law sold Harkeraders note to a local merchant who now wants his money !

To his honor John Brown Judge of the Superior Court of Chancery holden at Wythe Court house for the district of Wythe & the separate answer of John M. Preston to the bill of complaint exhibited by Jacob Harkerader in said court against him, Major Reeder and Samuel Williams.

This respondent saying the usual exceptions for answer to said bill sayeth that he is a stranger to the contract made between the complainant and the other defendants about the tract of land having no participation whatever in the said contract.

About the 19 th of September 1823 the defendant Williams came to town of Abingon where your respondent resides & carries on the mercantile business, and proposed selling him a note of $ 200 executed by the Correpl. to the deft. Reeder, which your respondent understood had been given in part consideration of the purchase of land by the Compl. from the said Reider.

Your respondent purchased the said note for a valuable consideration & shortly afterwards sent it myself Spiller at Wythe Co house to be presented for payment when at maturity. Your respondent understood the said Spiller appraised the Compla. of the transfer of the note before it became due, and that the said Compl. told him he expected he would have to pay it.

Some time after the said note became due a Suit was instituted on it by the direction of the respondent, this respondent being a bonefied purchaser of the said note, having given for it a valuable consideration, and having no participation whatever in the Contract between the Compl. & the other defendants, himself conceives that he ought not to be precluded from collection of his money, more especially as the other defendants are quite able to make good to the complt. any los he may sustain, or may not sustain by the fraud which he charges against him, of which this respondent protests that he knows nothing.

Your respondent having answered as much of the compl. bill as he is advised is material for him to answer prays to be hence dismissed with his costs.

Washington County to wit

This day John M. Preston personally appeared before me a Justice of the peace for the county aforesaid and made oath that the statements contained in the foregoing answer so far as they relate to his own actings & doings are true, and that so far as the relate to the actings and doings of others he believes them to be true. Given under my hand this

22nd say of October 1825

The defendants had to post a bond !

Know all now by these presents that ?? Samuel Williams & John Mcchur? our heirs and family bound unto Jacob Harkrader in the sum of One Hundred Dollars to which payment were and truly to be made We laid our ?? ??? Sum, Ex??ton and administration jomcty Severally finly by there presents sealed with our seals and dated the 25 th dat of October 1825.

The condition of the above Oblegation in such that whereas a suit in defending in the Superior Court of Chancery holden at Wythe Court house in which the above named Jacob Harkrader is plaintiff and Major Reeder and others are Defendants, and the said Major Reeder being absent Defendant and desired of entering he appearance and filing has answered in the said suit which he is permitted to do upon giving Bond sufficient Security in the sum of One Hundred Dollars conditioned for performing the future Orders & Directions of the court; Now if the said Major Reeder ? once shall perform such future Orders & Directions a shall be made against him in the said suit, then the above Obligation to NO void then to remain in full force & value.

J.E. Brown                                                     Saml Williams

J.B Mathew

The Judge orders a survey !

Virginia. At a Superior Court of Chancery holden at Wythe Courthouse for the District of Wythe on Wednesday Mat the 24th 1826

Jacob Harkeraders                                                               Clb.

against

Majors Reeder, Samuel Williams & John de Preston      Defts

By the consent of the parties by their councel It is Ordered that the Surveyor of Wythe County do go upon the land in the Bile mentioned Sold to the Complainant by the Defendant Williams as agent for the Defendant Reeder and Survey so much thereof as the Complainant alleges to interfere with the land held by lotion titles, that he Survey such part of the lines of a tract of land granted on the 19th day of March 1795 to Robert Morriss apee of Robert Dollars for seventy five Thousand acres of land as interfaces with the land in the Bile Mentioned and also such part of the lines of a tract of land granted to Gasper Rader on the 28th day of September 1802 containing 230 acres as interferes with the land in the Bile mentioned, that he make an a fair plate and Report of the interferences if any there be and a Calculation of the quantity of land sold as afore said included in the grant to Robert Morris and a like Calculation of the quantity included in the grant to Gasper Rader and return the same to this Court at the next term

Acopy

teste

JE Brown

And the survey is performed

Purseant to an order of the Honorable Superior court of Chancery holden at Wythe court house for the district of Wythe on Wednesday the 24th of May 1826. I have proceeded to survey and lay off the lands as directed a platt of which is hereunto annexed and explained as followeth, to wit, the land Included in Stephen Reeders survey of 295 acres is explained by the black lines and letters as follows.

Beginning at three white oaks corner to the land of Samuel Crockett (station A) and with his lines N75W16 poles to three Spanish oaks (sta B) S84W56 poles to a pine + white oak at the foot of the big ridge (Sta C) S23W140 poles to a double white oak saplin Gasper Raders corner (Sta D) and with his lines N74W7a poles to a white oak in a gap of Sa Ridge (Sta E) S66W148 poles along the top of said ridge to a white oak (Sta F) S84W112 poles crossing a branch to two white oak saplings (Sta G) S9E42 poles to a stake on said line (Sta H) and leaving the same S82W 70 poles to four black oak grubes (Sta I) N5W100 poles to two white oaks (Sta K) N75E6 poles to two white oaks (Sta L) N82E140 poles with his own line to three white oaks his corner (Sta M) and with his lines N46E 100 poles to a white oak(Sta N) N65E152 poles to 3 white oaks (Sta O) N30W50 poles to a locust + white oak (Sta P) S65W30 poles to a red oak + white oak saplin (Sta Q) thence leaving said lines N5W20 poles to a white oak (Sta R) N75E48 poles to a red oak Henry Capells corner (Sta S) S15E46 poles to a spanish oak (Sta T) S79E116 poles crossing a branch to a white oak (Sta U) S51E16 poles to a white oak (Sta V) and S46E56 poles to Sta A the Beginning.

Two hundred acres of said survey is within the bounds of Pollards Survey and is explained by the letters K.L.M.N.O.P.Q.R.S.T.U.V.k where Pollards line intersects the line V.A. thence with Pollards line to the intersection of the dotted line c l at h Thence with the dotted line to its Intersection with the black line I.K. at i and with Sa black line to K the Beginning.

The dotted lines + letters as followeth describes a survey made in the name of Gasper Rader of 230 acres. Beginning at two white oaks on William Finleys line (Station M) and with the same N25E94 poles to a black oak (Sta a) N69E125 poles to a pine tree corner to his pattent land (Sta b) N9W84 poles with his line to a red oak and white oak saplin on the side of a ridge (Sta c) West 250 poles binding on Stephen Reeders line to two white oaks (Sta d) S14E67 poles to two white oaks on the top of a ridge (Sta e) a corner to Jacob Raders land S2E142 with said line to a red oak (sta f) and leaving said line N77E74 poles to a double white oak on the side (Sta g) and S37E26 poles to the first Station.

Gasper Rader survey includes 25 acres in the bounds of Stephen Reeders survey, which is shewn in the annexed platt by J.H.G.m. where the black line intersects the dotted line b.c. at c. thence to where the dotted line intersects Pollards line at h. thence with said to its intersection of the line J.K. at n thence with the black line to I the beginning.

B the two surveys one of 135 acres + the other of 24 acres has no bareing with the land in dispute.*

Robert Adams swe

Oct 1826

* why not they are included in Pollards survey

--------------------------------

Harkerader vs Reeder

Surveyor report filed 17th May 1827

The within report is excepted I because it does not uphea? or is what manner A has been asalasmed Not Ri line lan ? as pollen or line is really + boundary of his Finey May 26 1827

Dheffey

the above note is not readable to me, if it makes sence to you let the rest of us know what it says !!!!!!

The surveyor's bill

Jacob Harkrader vs Rader & others in Chancery

to Surveying 1162 poles long measure                              $7 - 58

to calculating and connecting four different surveys          6 - 36

to a copy of said connected plot returned to court                        5 - 57

to traveling 5 miles & returning                                            - 50

$20 - 0

Robert Adams                                   1827

The rest of the case, with maps, will be in Next quarter's newsletter

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