Philadelphia Lawyers Summons Local Residents 1912
I found this summons in the papers of my great grandparents Charles & Sarah Smith Honaker. I didn't think much about them until a few years ago after reading "Storming Heaven" by Denise Giardina where she mentions railroad men buying land off someone in Philadelphia whos grandfather had fought in the Revolutionary War and was given the land as a gift. Then having people in her fictious county sign the papers giving the minerals to the railroad and then later the coal companies taking the land.
I realized that I had seen this summons in some of the papers that I had and that I had also seen the land grants for Samuel Smith, who had fought in the Revolutionary War, they are located in the Library of Virginia Digital Collection.
I checked to see if I could locate Sabin W. Colton, Jr. or George Estabrook in Pennsylvania. I did locate some genealogy information on Mr. Colton, Jr in Philadelphia and he was a lawyer.
I can't find anything about the Lincoln County Land Association or anything else about the summons
My great grandparents lived on the same land until my great grandfather died in 1978 so I know that the land wasn't taken. I also don't see how he could have come up with $5000.00 to pay these people in 1912.
This is an interesting piece of history. As you can see by the names mentioned in this, there were a lot of people involved. This would have been a fortune in 1912!
The information is here for purely historical purposes, but I would like to know more about what happened so if anyone has any more information, let me know!
IN THE
District Court of the United States
For the Southern District of West Virginia
____________
George L. Estabrook and Sabin W. Colton, Jr.,
Trustees, ect,
Plaintiffs
vs.
Charles Honaker, et als,
Defendants.
SUMMONS AND DECLARATION IN EJECTMENT
J.S. Clark.
H.A. McCarthy
Vinson & Thompson,
Campbell, Brown & Davis,
Attorneys for Plaintiffs
To appear before the Judge of the District Court of the United States, in and for the Southern District of West Virginia,at the City of Huntington, WV
Rules to be held in the Clerk's Office of said Court, on the first Monday in December next, to answer unto
GEORGE L. ESTABROOK AND SABIN W. COLTON, JR.
Trustees of the Lincoln County Land Association,
of a pleas in Ejectment
to-wit:
IN THE DISTRICT COURT OF THE UNITED STATES,
For the Southern District of West Virginia.
__________________
At Huntington, 1912
________________
George L. Estabrook and Sabin W. Colton, Jr,
Citizens and residents of the State of Pennsylvania,
and
Trustees of the Lincoln County Land Association,
complain of
Charles Honaker, William Honaker, W.S. McCallister, Talmage Bias, Ollie
Hoskinson, Monroe Brumfield, Ambrose Adkins, Wilson Morrison, Eliza J. Lucas,
Allen nelson, Avril Elkins, Bettie Elkins, Randolph Sias, Ulysses Nelson,
W.M. Spears, Burley Spears, Edward Adkins, Reed Adkins, Benton Skeins, Mark
Hodge, James Carper, Isaac Adkins, Ira Adkins, Delmont Peyton, Gordon
Plumley, J.C. Vickers, Richard Harber, William Lewis, N.M. Hager, Joseph
Stump, Giles Linkous, W.L. Tudor, James Willis, Sybbie Nelson (wife of Allen
Nelson), Grover Smith, Mack Smith, and Lewis Cooper
UNITED STATES OF AMERICA
SOUTHERN DISTRICT OF WEST VIRGINIA, SS
Summons in Ejectment
The President of the United States of America,
To the Marshal of the Southern District of West Virginia.
GREETING:
You are hereby commanded to summon Charles Honaker, William Honaker,
W.S. McCallister, Talmage Bias, Ollie Hoskinson, Monroe Brumfield, Ambrose
Adkins, Wilson Morrison, Eliza J. Lucas, Allen Nelson, Avril Elkins, Bettie
Elkins, Randolph Sias, Ulysses nelson, W.M. Spears, Burley Spears, Edward
Adkins, Reed Adkins, Benton Skeins, Mark Hodge, James Carper, Isaac Adkins,
Ira Adkins, Delmont Peyton, Gordon Plumley, J.C. Vickers, Richard Harber,
William Lewis, N.M. Hager, Joseph Stump, Giles Linkous, W.L. Tudor, James
Willis, Sybbie Nelson (wife of Allen Nelson), Grover Smith, Mack Smith, and
Lewis Cooper
defendants, all citizens and residents of the State of West Virginia and of
the Southern District thereof, of a plea of trespass on the case, for that
hereto fore, to wit, on the first day of July A.D., 1912
the said
George L. Estabrook and Sabin W. Colton, Jr., Trustees as aforesaid were
seized and possessed in fee simple of a certain tract of land, lying and
being in the Counties of Lincoln, Putnam, and Cabell, State of West Virginia,
in the said Southern District, containing 110,000 acres, be the same ever so
much more or less, being the northeasterly portion of the tract which
comprises four contiguous surveys made for General Samuel Smith, on which
four several patents were granted by the State of Virginia to the said Smith,
one dated on the 16th day of June, 1796 and the others on the 29th day of
June 1797, and bounded as follows:
BEGINNING at a state on the east side of the Guyandotte River just above
the mouth of Big Creek near the abutment of the C. & C. Railway bridge at the
call of 2 Sycamores; thence north twenty-one degrees twenty-eight minutes
East, seven hundred and seventy seven feet to a stone monument near Big Creek
in a meadow behind Wm. Lucas' store, thence North fifty-three degrees east
fifteen thousand seven hundred and ninety-six feet to a stone monument on the
ridge between Broad Branch and Big Ugly Creek at the call of 3 Black oaks on
a ridge; thence North seven degrees thirty minutes East ninety-two thousand
three hundred and fifteen feet to a stake on Turkey Creek near Burnside's
store at the call of a poplar; thence North twenty-six degrees fifty three
minutes West forty-nine thousand six hundred and seventy-one feet to a stone
monument on Charley's Creek near Dick McAllister's house at or near the
intersection of said Charley's Creek and the Cabell-Putnam County line;
thence South sixty-two degrees fourteen minutes West forty-eight thousand
four hundred and sixty-one feet to a stone monument on Trace Creek of
Guyandotte; thence South thirty-eight degrees fifty-four minutes West eleven
thousand six hundred and twenty-seven feet to a stone monument on the East
Bank of the Guyandotte River about one hundreds below the mouth of Madison
Branch; thence up the Guyandotte River about one hundred yards below the
mouth of Madison Branch; thence up the Guyandotte River with its meanders to
the BEGINNING. Containing 110,000 acres, be the same ever so much more or less
And being so possessed thereof the said defendants afterwards, to wit, on the
second day of July, A.D. 1912, entered into said premises and unlawfully
withhold from the plaintiffs the possession thereof, to the damage of the
plaintiffs, $5000.
COUNT No. 2
And also for that heretofore, to wit, on the first day of July 1912 in the
District aforesaid, the said GEORGE ESTABROOK and SABIN W. COLTON, JR. simple
of a certain other tract or parcel of land, situate in the Counties, State
and District aforesaid, and bounded as follows:
BEGINNING at the most northerly corner of said tract at a beech and buckeye
near Charley's Creek so called, a branch of Mud River, which trees were
marked as an original corner to one of the four Smith Surveys, viz., the Mud
Rover survey, thence south thirty-three degrees east two thousand nine
hundred and eighty poles by the easterly line of said Mud River survey to a
stake near Turkey Creek, so called, another branch of Mud River, and near the
house of the late Richard McCallister and standing in the place where a large
poplar stood, which was marked as an original corner of said Mud River
survey, also as the beginning of said Smith's upper or large survey, to a
point from which a line extended due west until it strikes the Guyandotte
River, shall embrace within the lines before described and that portion of
said Smith's northerly lines which lie east of the Guyandotte River, and the
Guyandotte River, 100,000 acres, thence due west from said point to the
Guyandotte River, thence northerly down the said river to the northerly line
of said Smith's Survey, thence northeasterly along said last-mentioned line
to the place of beginning.
And being so possessed thereof, the said defendants, to wit, on the
second day of July 1912, entered into the said premises, and unlawfully
withhold from the plaintiffs the possession thereof to the damage of the said
plaintiffs, $5000.
COUNT 3
And also for that heretofore, to wit, on the first day of July, 1912, in the
District aforesaid, the said GEORGE ESTABROOK and SABIN W. COLTON, JR.
Trustees as aforesaid, were possessed in fee simple of a certain tract or
parcel of land, situate in the said Counties, State and District, and bounded
as follows:
BEGINNING at the most northerly corner of said tract at a beech and buckeye
near Charley's Creek so-called, a branch of Mud River, which trees were
marked as an original corner to one of the four Smith surveys, viz. the Mud
River survey, thence South thrity-three degrees East two thousand nine
hundred and eighty poles by the Easterly line of said Mud River survey to a
stake near Turkey Creek, so called, another branch of Mud River, and near the
house of the late Richard McCallister and standing in the place where a large
poplar stood, which was marked as an original corner of said corner of a
survey of 100,000 acres made for Elijah Wood, thence Southerly by the
Westerly line of six thousand three hundred thirty poles crossing small
branches of Mud River to three black oaks on a ridge corner of said Wood, and
also corner to the survey of 58,000 acres made for Richard Stockton; thence
leaving said Woods and with said Stockton survey South forty-seven degrees
West nine hundred and sixty poles to two gums and poplar, South twenty
degrees West forty-six poles to two sycamores on the bank of the Guyandotte
River at the mouth of a large creek, thence northerly with the meanders of
said Guyandotte River to where lines of a survey of 33000 acres for said
Smith crosses the river near Madison Creek, thence partly with one line of
said Smith's survey North thirty two degrees thirty minutes east to where a
white oak and 2 poplars are called for seven degrees East two thousand nine
hundred and eight poles to the beginning.
And being so possessed thereof, the said defendants, to with, on the
second day of July 1912, entered into he said premises, and unlawfully
withhold from the he plaintiffs the possession thereof, to the damage of the
said plaintiffs, $5,000.
Plaintiffs say that this is an action of a civil nature, and that the
value of the matter in dispute in each count hereof exceeds the sum or value
of Three thousand dollars, exclusive of interest and costs.
Therefore plaintiffs bring their suit.
GEORGE L. ESTABROOK
SABIN W. COLTON, JR.
Trustees.
By Douglas W. Brown
Of Counsel
J.S. Clark
H.A. McCarthy
Vinson & Thompson
Campbell, Brown & Davis
Attorneys for the Plaintiffs
To:
Charles Honaker, William Honaker, W.S. McCallister, Talmage Bias, Ollie
Hoskinson, Monroe Brumfield, Ambrose Adkins, Wilson Morrison, Eliza J. Lucas,
Allen nelson, Avril Elkins, Bettie Elkins, Randolph Sias, Ulysses nelson,
W.M. Spears, Burley Spears, Edward Adkins, Reed Adkins, Benton Skeins, mark
Hodge, James Carper, Isaac Adkins, Ira Adkins, Delmont Peyton, Gordon
Plumley, J.C. Vickers, Richard Harber, William Lewis, N.M. Hager, Joseph
Stump, Giles Linkous, W.L. Tudor, James Willis, Sybbie Nelson (wife of Allen
Nelson), Grover Smith, Mack Smith, and Lewis Cooper
You and each of you are hereby notified that the foregoing declaration in
ejectment will be filed in the office of the Clerk of the said District Court of the United States for the Southern District of West Virginia, at Huntington, in the County of Cabell and State of West Virginia, on the first Monday of December A.D. 1912; and if you fail to appear and plead this said declaration within the time required by law, judgment will be given against you.
GEORGE ESTABROOK
SABIN W. COLTON, JR
Trustees
By: Douglas W. Brown
Of Counsel
J.B. Clark
H.A. McCarthy
Attorneys for Plaintiffs
Vinson & Thompson
Campbell, Brown & Davis
Hereof fail not and of this writ make legal service and due return.
Witness the Honorable Benjamin F. Keller, Judge of the District Court of the United States, and seal of the said Court, this 14th day of November A.D.
1912, and in the 137 year of the Independence of the United States of America
Teste:
Edwin M. Keathley
Clerk D.C.U.S.S.D.W. Va.
A copy attest:
Edwin M. Keathley, Clerk
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