Note-- I’m summarizing and partly transcribing the court papers sent to me by Mac Bozman 26 Oct 2009. I’ve numbered them on the back, in the order I received them, and any page numbers noted are mine. The entire document was originally hand-written and I’ve tried my best to decipher it.
Jeanne Crews 28 Oct 2009
Cover
Harmon vs Bozman
John Harmon
V
Elizabeth Bozman
Edward Majors
James Majors
Edward Bozman
James Bozman
Wm Bozman } Athens Co
Ignatius Wheeler &
Kerrene H. Wheeler
_______ Waugh }
Polly Waugh } Jeff Co
Wm Majors
Wm C. Clendennon
Rachael Clendennon
James Majors
Sarah Jane Bozman
Edward Bozman 2
Caroline Bozman
Cleeson Brady }
Jane Brady} Ind a
Filed April 15th 1851 & Sub___ to Shef of Morgan
[there’s also a note to the clerk asking that this be sent to Sff of each county, Morgan, Athens, and Jefferson, noting persons above who resided in those counties, signed by V. Rich Atty for Complainant]
Page 1 is a note saying that Alexander McConnell was acting associate judge and was commissioned and qualified, dated 12 November 1850
Page 2 is divided into sections. Across the top it says June Term A.D. 1849. Top left is a box that lists names of principal parties and their attorneys:
John Harmon Atty Rich
Edward Bozman, Elizabeth Bozman Atty Hanna
Edward Majors & James Majors et. Al. Atty Muse’
Along the left side is a column of names followed by amounts of money, totaled at the bottom. They are difficult to read but some that I can make out include James Bozman, Ignatius Wheeler, Vickers, Wells, Stillions, Baker, Glenn, Mummy, Spencer, Watkins. On right side of page seems to be a summary of the case with continuations listed. It mentions the death of Edward Bozman after “June term 1850”. It then mentions an amended bill. Appeal by defendants July 12, 1851
Page 3 starts the depositions of witnesses. Each is sworn in and is of lawful age. The first one is crossed out but John A. Glenn is asked by Pltf if he’s acquainted with the old man Bozman and for how long.
Wm Wheeler is asked by Plntf if he is acquainted with Edward Bozman, how long and how intimately.
Wm Wheeler answers that Edward Bozman came to their home before he bought any land in county. He searched for a farm but couldn’t find one. He wanted Wm Wheeler’s step-father to go find a farm for him. The step-father found a farm and bargained with Mr. Harris for farm now in question.
2nd question was about the “old man’s capacity for doing business at the time of sale to Edward Majors.
Ans—For two years after he came here I didn’t notice his manner of doing business. For 8 years past I would not consider him capable of doing business to any amount_____so extremely forgetful. Heard his wife say ______Elias Majors Sarah Majors Ignatius & Kerrenhappuc Wheeler that she did not want him to go to Virginia to get money owed him and she wanted Simon Fouts to go. Others wanted Isaiah Wells to go and she agreed and he did go with him.______One day old man and lady talking about their son Edward and about his going bail for him so much. She said if he did quit it Edward would ______ him up. The old man said he had $200 in Virginia that would keep him out of jail for a long time yet. Son Edward did his business principally for him for several years after they came to Ohio. After that the old lady did all the business….the old lady employed me to haul wheat….and paid me.
3rd question State if the old lady was not more active and ______than women generally of her age
[end of page 4]
Page 5 more depositions of witnesses
William B. Majors
Question by Deft. Are you acquainted with Edward and James Majors
Ans They are my brothers. I was present when the writings were drawn in reference to a piece of land purchased or conveyed by Edward Bozman to Edward Majors. I wrote the deed and before I wrote it I asked Edward Bozman what the bargain was who related to me as follows that Edward Majors was to pay off two judgments against him _____ in court and a mortgage which Buckingham held on the place and Edward was to ____ over to them / Bozman and his wife / by an instrument of writing one third of the proceeds of the land that was then cleared on the place so long as they lived and the land was to be Edwards. [something about a contract between Edward Bozman and wife and Edward Majors and then a deed written]
2nd question Did you consider the old gentleman as having a mind sufficient to make a contract
Ans I certainly did or I should not have drawn
Page 6 the writings
Quest How long have you known Edward Bozman and what opportunities of judging the soundness of his mind.
Ans He was my grandfather and I have known him all my life. I had been gone from the county some three (?) years before the contract was made but had returned some six weeks before the writings were drawn, had seen and conversed with the old 2 or 3 times previous thereto and frequently afterwards.
Quest by V Rich Do you know if old man Bozman at the time of making said contract was himself in the habit of contracting
Ans I believe he was. I had not known of any one else making any contracts for him, was not aware of his making any contract other than the one above after my ____ _____
Quest by same Was the contract above ____ to made wholly in your presence and if so by whom was the conversation carried out
Ans It was not made wholly in my presence but was talked over as stated before. I asked Edward Bozman to state to me the contract which he did as I have before stated. I got the knowledge of the contract first from the old man. I heard the old lady say that was the contract. The parties were at the house of the old man Bozman in the house.
[another question about who was present when previous conversation took place] [end of page 6]
Page 7 Depositions of Witnesses taken in a cause pending in the Court of Common Pleas of Morgan Co Ohio wherein John Harmon is Plaintiff and James Majors Edward Majors Et al are defendants
N Rich atty for Pltf
J E Hanna and R W Muse’ Attys for Defts
[James Bozman sworn in]
Quest by Pltf Are you acquainted with the parties of the suit
Ans I am and have been for many years. I am the son of Edward Bozman Sr and live in about two [?] miles of Majors. Both of the Majors are the sons of my sister
Quest Do you know of any arrangement between your father and Edward Majors about any lands if so state what the arrangement was and the particulars.
Ans Edward Majors told me that he had takenthe place in this way that he was to give the old man one third of all that was raised on the place during the old mans life but that the old man was to have the privilege to sell the land at any time. And all he wanted was to have hiw own money back and the interest the consideration in the arrangement was that Edward was to pay certain claims against the old man and that he had borrowed one hundred and fifty dollars of Mr Brewster to pay the claims
Quest Do you know whether the old man made a deed to Edward for the land
Page 8 Ans My parents told me that they had executed to Edward a quit claim deed for the land.
Quest What time did you have the conversation with Edward
Ans I don’t recollect but think shortly after the execution of the deed
Quest Who is in possession of the premises now claiming to own
Ans James Majors is in possession and claims to own the place. I understood from him that he had stepped into the place of Edward and had given Edward two hundred dollars for his bargain
Quest Do you know whether your father was indebted in an amount over and above the 150 dollars
Ans At the time of the sale the old man was indebted over and above the amount of $150/ I know he owed Mr. Harmon claim and whether others I do not know____ My father died about a month since aged 84 years last November
Quest What was the value of the place at the time it was sold Edward
Ans I suppose it was worth ten dollars per acre
Quest State so far as you know about Edward Majors having a knowledge of the existence of Mr. Harmon claim at the time of his purchase
Ans I believe he ____ Harmon had lived upon the wheat growing upon the land and sold the wheat previous to his purchase. It was generally understood in the neighborhood that there was such a claim against the old man.
Quest What was the ability of the old man to make contracts at the time he contracted with Majors
Ans I think that the old man’s mind was too much impaired by old age to be competent to make contract [end of page]
Page 9 at the time he contracted with Majors I think so because when he got out from home he seemed to be lost did not know exactly where he was when he had related anything in a few minutes after he could recollect having told something but what he could not tell
I believe that at the time my father made the bargain that he had sufficient property to pay all his debts and more. His personal property was not sufficient to pay his debt. Edward told me that was to pay Brewster twenty per cent interest for the money he borrowed of him.
James Bozman
[Ignatius Wheeler sworn in]
Question by Pltf Are you acquainted with the parties to this suit and what relation do you bear to them
Ans I am acquainted with all the parties. Edward Bozman was my father in law
Quest State your knowledge if any you have about any contract between your father in law and Edward Majors about land
Ans There was a contract between the old people and Edward Majors concerning the rent of the place. There was two judgments and the Buckingham Mortgage which he Edward assumed to pay so that he could ____ the place. The old man was to secure the place to Edward for the Express purpose of keeping Harmon out of his debt. Edward rented the place and was to give the old folks one third of all that he raised whilst he kept the place in his hands and the old man was at liberty to sell the place at any time.
Page 10 [James Watkins sworn in]
Quest by Deft Have you been acquainted with Edward Bozman and if so how long and how intimately
Ans I have been acquainted with the old man since the fall before he bought the land in question. He was frequently at my house and I was frequently at his [next part dark but I can make out some] was an uncle to my first wife and through that relationship it was that I first formed my acquaintance with him. I have had some business transactions with the old man have attended to some business for him.
Quest by Deft From what you have seen and know of him what was his capacity to make contracts and do business generally
Ans I never considered the old man hardly up to the average of mankind in his capacity to do business. His memory was bad and his hearing was somewhat impaired. I always considered him capable to make contracts and to do his own business. I know something about his business. He told me about his having been embarrassed the way he became embarrassed was through his son Edward and loaning money to Elias Majors. The old man came to me and asked me where he could borrow some money and told me what he wanted it for which was to pay off the Buckingham Mortgage and some other judgments in court liens upon his place ___________transcripts from Justice of the peace I cannot say how many transcripts there were. I think he named two one was between $70 and 80 dollars and the other some thing less. I then advised the old man to turn Edward his son off the place as he was
Page 11 continually involving him and as he was getting old and unable to attend to the place I advised him to sell it to someone and have them pay off these debts and for him to take a life lease on the place in favor of his wife as she would probably out live him. The next time I saw the old man was at his house nearly a year afterwards. I had previously seen the old lady and she had made some complaint that she feared that Edward was not going to give her the life lease. I then told her to go and tell them that they must give her a life lease as that was a part of the contract. She came back a few days afterwards and brought me the lease to see if it was right. I told her it was. She then went and had it recorded. When I was last at the old mans shortly after the life lease had been given he informed me that he had sold his place and got his matters arranged to suit him that Majors was to pay all the liens on the place that the old lady and himself was to stay on the place and enjoy their life lease. He was to have one third of the grain on the place which would enable him to pay off some other little debts.
Quest by Deft At the time the old man came to you and you advised him to sell his place as above stated and afterwards when he told you he had sold his place and made his arrangements to suit him and as often as you have seen him in the intermediate time did he understand his business and talk with you freely and rationally upon that and other subjects and your opinion of the soundness of his mind at the time
Ans I consider that at the time I advised him to sell his place and also at the time he told me he had sold it that he was sound in his mind as he was when I first knew him
Page 12 [dark and hard to read] and at those and all times I considered him capable of doing his own business and selling or buying land and making contracts
The above deposition so far as it professes to give the declarations of the old folks respecting the sale of the land objected to by the Complainant
[still James Watkins]
Quest by Compt At the time you advised the old man about his debts and the sale of the place to satisfy them, what did you tell him about debts that were not liens upon the land
Ans I don’t recollect of saying anything about claims that were not liens on the place.
Quest by Compt Did you not consider that the old man was in his dotage during the time you were acquainted with him
Ans As far as memory was concerned he was somewhat forgetful but when __________ was fairly and plainly made he understood it and was capable of acting
Quest by Compt In relation to some land of his purchasing ____ for taxes by you was it not the old mans money that paid for the same
Ans It was not. When the land was sold for taxes it was furnished by Jacob R P____ and ____ it was sold as one of the lots known as donation ___ being 100 acres sixty-six acres of which I think belong to one Joshua Fisher and the thirty-four belonged to Edward Bozman Sr and I furnished __ proportion of the money for the thirty four acres. ____ Priced for the 66 acres And when Elisha Fisher came to redeem his sons part of the 100 acres the auditors certificate was signed over to him for the whole tract and
Page 13 gave me his title bond to make me a deed as soon as the auditor would make him a deed and before the auditor made Fisher his deed.
I informed Edward Bozman that I owned 34 acres of his land and that I had purchased it at the Tax sale some two years before. He seemed to be surprised when I told him and wanted me to let him have it again and ___ to convey to him but that he should have the use of the same as long as he and the old lady should live. ___ if he got it back again that his son Edward would soon involve him and it would be sold and he would be left without a home. And if he would rather that some other person than myself should hold the land that if he would name someone I would convey to him and secure therein the possession of the same as long as he and his wife should live. He then named his son in law I Wheeler and I assigned the title bond to him and the conditions was that I was to be paid back the money that I had paid at the Tax sale and interest and also a small note that I had against the old man and that Wheeler was to pay the taxes and at the death of E Bozman Sr and wife that he was to have the place and he Wheeler was to pay something to James Bozman and children of one of the old mans sons that was dead or in other words it was to be divided in value after paying Wheeler back for his trouble and expense. [????] his wife James Bozman and to the children of the son of E Bozman Sr that was dead.
Wheeler paid me the money back that I had paid for the taxes and the interest on same. The small note is still in my hands and unpaid.
Jas. Watkins
Page 14 The Amended Bill of John Harmon, Complainant against Edward Majors and others in Morgan Common Pleas in Chancery
And the said John Harmon by leave of the court for that purpose first had and obtained now comes and exhibits his Amended Bill and states that sometime after filing said Original Bill and as your Orator believes in March 1850 Edward Bozman Sr one of the principal defendants to said Bill died, making it necessary to make thereby several new parties respondent, to wit, his heirs at Law.
Your Orator therefore in this his Amended Bill, charges, as in said Original Bill charged as to the fraudulent design and intent and act of the said Edward Bozman Sr Elizabeth Bozman and Edward Majors and James Majors, in the disposition of his the said Edward Bozman Sr’s real estate in said Bill described, and as therein charged for the purpose therein charged, to wit, to prevent the satisfaction of your Orators said judgment at Law. And your Orator will insist upon such charges of fraud as in said Bill charged at the hearing.
And your Orator prays that the following persons, children and heirs at Law of the said Edward Bozman dec’d may be made co-defendants to said Bill. Viz, Edward Bozman, James Bozman, Wm Bozman (the latter resident of Athens Co Ohio) Kerrene H. Wheeler, a daughter, wife of Ignatius Wheeler & Ignatius Wheeler. Also the children of Sarah Majors, dec’d, wife of Elias Majors and heirs at Law of said Edward Bozman dec’d---- their names are Edward Majors (now deft) Polly Waugh of [inserted on next page, 15] Jefferson County Ohio and ______ Waugh her husband, his Christian name being unknown, Wm Majors, Rachael Clendennen Wm C Clendennen her husband (James Majors now deft) James Majors, also the following heirs at law, children of Wilkes Bozman now dec’d Viz, Sarah Jane Bozman Edward Bozman, Caroline Bozman. And also Jane Brady and Cleeson Brady her husband of Indiana.
And your Orator as to the aforesaid defendants who are herby made parties respondent to said Bill by virtue of this Amended Bill prays may be notified of the pendency of said Bill by Subpoena or such other mode as the court may order and that they may each true and separate answers make to all and singular the matters charged in said Original Bill, touching the Allegations of fraud upon said Complainant or otherwise disclaim all interest in the subject matter of this suit.
And your Orator prays for the rendition of such decree in the final hearing of this cause, as was prayed for in said Original Bill.
V Rich
Atty for Complt