Mahala Jane Priest

GEDCOM Note

Samuel James died when Mahala was about six years old. When she was 1 6 Abner James was appointed her legal guardian, and he is listed as he r Father in her marriage license when she was 19.

• ************************ Document from Floyd County 1845 film # 837276 Volume 8 pg 293 states: "David James, Mahala James and Samuel James, infant heirs of Samuel Ja mes, deceased, each being over 14 years of age came into official cour t and made choice of Abner James as their guardian. And it is ordered that said Abner James be appointed guardian of the said David James, M ahala James and Samuel James and also of Pernina Ann James infant heir s of said Samuel James deceased and who together with Hugh Harkins an d Jacob made his security." Source: Marilyn Fleming
  • **************************** John Fraley assignee of Abner James Plaintiff against Abner James and Others Filed Jany 13th 1852, heard 1852 May Term Abner James, John Smi th & Pernina A. Smith late Pernina James, Samuel James, David James, I vy Russel & Tamsy Tussil late Tamsy James, William McCoy & Sally McCo y late Sally James, William Ratliff & Rachel Ratliff late Rachel James , John Roop and Malinda Roop late Malinda James, John Priest and Mahal a Priest late Mahala James, Daniel James, Isaac James & John James als o the husband & heirs at law of Meranda James deceased to wit: Hugh Ha rkins her husband, John, Elizabeth & Emily Harkins her children & infa nts & heirs at law of Samuel James deceased as also his widow Penina J ames defendants: The plaintiff John Fraley states that many years ago and in the life time of sd. Samuel James deceased he made executed & d elivered to defendant Abner James his son a title bond to a certain tr act or parcel of land lying on Johns Creek in this county & beginning at the upper end of the quicksand bottom of sd. Creek at the steep gu t on the south side of said creek thence running down said creek to th e first bend thence crossing said creek to the north side to a high ro ck thence down said creek to the lower end of said bottom thence acros s said creek to the south side thence running up and including both su rveys to said steep gut also including both surveys down to the sourwo od and dividing line between my tract & Solomon McGuires.The plaintif f states that he has purchased all the foregoing bound but excepting a small boundary commence ...part of line missing... south to a chestn ut oak from this line up said creek or that side of the same day of sa id Abner James sold said land to plaintiff for the title that the defe ndants or the widow & heirs at law of said Samuel James deceased that deft. Ivy Russil & wife, John James, Isaac James & Daniel James are no n residents of this state, deft. H. Harkins children are infants - He makes said title bond apart of this petition files the same - Wherefor e he prays judgment for a specific execution of the aforesaid contrac t by defts conveying to the plaintiff warranting & defending as set fo rth in the said writing for other proper relief. State of Kentucky Flo yd County John Fraley says he believe the statements of the foregoing petition are true, /s/ John Fraley Sworn to before me by John Fraley t his 13th day of January 1852. Teste. James Trimble, Clk. Warning Orde r John Fraley Plaintiff against Abner James & Others, defendants The d efendants Ivy Russell and Tamsey Russell his wife late Tamsey James, J ohn James, Isaac James and David James are warned to appear in this co urt on the first day of its next June Term and are given the Petition in Equity of the plaintiff John Fraley. /s/ James Trimbe, C.F.C.C. January 13th 1852.
    • ****************************** The will of Penninah James Floyd County film #836833 pg 25 which stat es: "Know all men by these present that I Peninah James do bid my heir s and administrators, do make a deed to one half of the Pond branch la nd at the end of five years to which I have leased to Peninah Ann Smit h for in consideration of her part of my estate as I have settled wit h the rest of my heirs given under my hand this the 19th day of Augus t 1874. The above named land is to be divided to: Hanner Copley and Ma linda Roupe and Tamzy Russell, and Mahaly Preast and David James." Sou rce: Marilyn Fleming ******************************************** Floyd County Records Oct 21, 1889 This Deed made between John Roop an d Malinda Roop of the first part and Mahala Priest of the second part both of Floyd County, Kentucky. Witnesseth that party of the first pa rt this day has conveyed to the sole Mahala Priest all their right tit le and interest in the ? land assigned to Malinda Roop in the divisio n of the ? lands a Pernina James deed, widow of Samuel James said lan d lies joining Mahala Priest land in the Johns Creek near the mouth o f Brushy Fork Floyd County, Kentucky. The said Mahala Priest to have and to hold said land free from us and all others claiming under me. H is John x Roop Mark Her Malinda x Roop Mark
      • ******************************** This deed between Mahala Priest of the first part and Malinda Roop of the second part both of Floyd County witness that party of the first p art this day has conveyed to the said Malinda Roop all her right, titl e and interest in the Pernina James survey of the Pond Branch in a ? n ear the spring thence up outer to the point at the branch near the a s pring, thence up outer to the point to the back line of said survey t o Malinda Roop part. Thence down the branch with the outer of the bra nch to the beginning said land lies on the point. Branch near the mou th of Brushy Creek in Pike County Kentucky. The said Malinda Roop to have and hold said land free from me and all others claiming under me . This 21st day of Oct., 1889 Signed her Mahala x Priest mark Witness H.W. McCoy P.P McCoy J.W. Fraley
        • ********************************* Floyd County Court On the 25th day of November 1889 between Mahaly Pri est, Minerva Priest and G.W. Priest and Mary E. Priest and John E. Pri est parties of the first part and Francis M. Collins party of the seco nd part ? with that the said parties of the first part for and in cons ideration of the sum of Two hundred and twenty five dollars being twen ty five dollars his share secured by note to ?? to the party of the se cond part his heirs and assigns the following described property to wi t: Two certain tracts or parcels of land lying on the waters of the B rushy fork of Johns Creek and bounded as follows. First ? ? gum and b eech on the Wolf branch ? ? the Pernina James ?? thence up the hill t o two chestnut oaks on top of ridge at the head of the Cow ford S 86E4 0 poles to 3 forked chestnut oaks on a high knob S35 E 40 to a Chestnu t oak same course S 74 W 200 poles to the beginning. Second tract begi nning on an oak and beech on the Kitnor Branch thence with the divisio n line between K.W. Taylors and John Priest to the Cow Fork ? thence w ith the ? and bounds of said ? the beginning. To have and to hold the same together with all the appurtenances thereunto belonging unto the part of the second part heirs and assigns forever and the said part o f the first part hereby covenants with the said part of the second par t that they will warrant the title to the property hereby conveyed unt o the said party of the second part and their heirs and assigns foreve r. A lien is retained upon the property hereby conveyed as security f or the payment of the said unpaid purchase money. In testimony whereo f the party of the first part hath hereunto subscribed their name the day and year aforesaid. Floyd County November 1889 State of Kentucky C ounty of Floyd I M.L. Porter Deputy Clerk of the County Court for the County and State aforesaid certify that the foregoing Deed of Conveyan ce from Mahaly Priest, Minerva Priest, G.W. Priest, Mary E. Priest, an d J.E. Priest to Francis M. Collins was on the 25th day of November 18 89 ? to me in said County and acknowledged before me by the parties gr antors ? to be their actual deed. Given under my hand this 25 day of November 1889 G. R. David Clerk By M. L. Porter C.C.
          • ********************************* This Deed of Conveyance made and entered into this 19 day of Nov. 188 9 between Mahala Priest part of the first part and Thomas James party of the second part Witnesseth: That the said party of the first part for an in consideration of the sum of seven hundred dollars, two hundr ed and fifty in hand paid and four hundred and fifty secured by note do hereby sell and convey to the party of the second part his heirs an d assigns the following divided property to wit: A certain tract or p arcel of land lying on the Brushy Fork of Johns Creek in the County o f Floyd and State of Kentucky and Beginning as follows: on a gum and beech on the Wolf Branch hence a straight line to the top of the hill to a hickory thence a straight line down the hill to a walnut hence a straight line with the conditional line to the creek thence running w ith the divisional between Mahala Priest and the McCoy heirs to a beec h on the end of a ? hence with the creek to a Mulberry a corner betwee n Rachel Ratliff and Malinda Roop hence a straight line to the top of the hill to two white oaks hence with the hop of the top of the point to the road hence with the road to the Wolf Branch hence with the bran ch to the place of Beginning. . To have and to hold the same togethe r with all the appurtenances thereunto belonging unto the part of the second part heirs and assigns forever and the said part of the first p art hereby covenants with the said part of the second part that they w ill warrant the title to the property hereby conveyed unto the said pa rty of the second part and their heirs and assigns forever. A lien i s retained upon the property hereby conveyed as security for the payme nt of the said unpaid purchase money. In testimony whereof the party o f the first part hath hereunto subscribed their name the day and year aforesaid. Her Mahala x Priest Mark Witness A. W. James G. W. Blackbur n
            • ************** According to Robertson family documents Mahala "came from Kentucky a s hort time after Grandpa Priest's deathto take care of business affair s and never returned to Missouri" [must of meant Kentucky - ld] also " Don't know Grandma Priest's maden name or where she was living at the time of death, but was told she just lived among her children after h e health failed until she could no longer live on her own." Her mind must have failed because the document says she didn't know wh o either of her ancestors were.
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