Peninah James

GEDCOM Note

From Mountain Kinsman Ride by Henry Scalf "But for Pernina Dean, grand mother of Mrs. McCoy and Mrs. Honaker, we would have no knowledge of t he events of that terrible journey. (Pernina married Samuel James as h is second wife.) Sarah Charles James became ill on the road, and die d in a few days. Samuel, his brother, and brother-in law William Charl es, [Sarah Charles did not have a brother William] assisted by the dea d woman's teenage sons, dug a grave and buried Sarah along the way, th e place now unknown. When Samuel James arrived at the mouth of Brush y Creek he faced the task of building a cabin, clearing the fields, te nding a crop and rearing six children. He worked at it during that ye ar, hunted a wife, married Pernina Dean, daughter of his North Carolin a neighbor, [there is no proof Samuel James knew John Dean in North Ca rolina] who now lived higher up on Johns Creek. The date of their Flo yd County marriage was June 30th 1810. [note it should be 1811] Pernin a Dean James, who lived until 1880 [1884], related to Mrs. McCoy and M rs. Honaker how she and her father came by themselves to Johns Creek a nd built a cabin.They journeyed horseback, father and daughter, throug h the wilderness in 1808, a year before the James and Charles familie s arrived. Pernina was 14 years old. It took time to build a cabin a nd both labored hurriedly, for the father wanted to bring the rest of the family from North Carolina before winter came along. He and Pernin a talked of the return trip and [the] decision was made for her to sta y at the cabin until he returned.To construct a safe sleeping place, a frame-work was swung to the cabin rafters and food to last for his a bsence was stored in the swinging haven. At night she climbed in and slept, food lying beside her, safe from prowling animals. She told he r descendants, over and over again the story of the terrible nights al one in the swinging bed, of how the wild beasts would scream and she w ould cry from loneliness and fear. When John Dean arrived back in Surr ey county and (sic) hold how he had left his 14-year-old daughter in a cabin on Johns Creek, the mother was distraught and her lashing tong ue drove family preparations for the trip to the new country. They le ft hurriedly, left also many things they should have brought as necess ary to their convenience in the Johns Creek cabin, because Mrs. Dean w ouldn't take the time to pack. Only arrival at the cabin and finding Pernina safe allayed the anger and fear of Mrs. Dean. "In never expect ed to see you alive," she told her daughter. Samuel James and Pernina Dean James raised, in addition to the six children by his former marri age, ten children of their own. These were Samuel, called Little Samu el, David[,] Daniel, Hannah, Mahala, Tamsey, Miranda, Sallie, Pernina Ann and Rachel. [Malinda is missing] Samuel Sr. and his older sons Ab ner and Isaac interested themselves in acquiring and trading land. Tr act after tract of the primitive wilderness of Johns Creek and on the headwaters of the tributary streams of the Tug Fork passed through the ir hands. Titles covering the Johns Creek bottoms were warranted to t he grantees "against John Preston and his heirs but none other," indic ating that the John Preston surveys made by John Graham cast many a sh adow. Samuel built a water-mill at the mouth of Brushy Creek, and did custom grinding for his settler friends. The McCoys, Roops, Fraleys, and others came to the primitive mill. Mrs. Smith says her grandmothe r Pernina told her that Samuel inquired whether his wife would rather have the mill as a gift or the sum of $500.00 he had saved. Pernina t ook the mill. After her husbands death she and her stalwart sons oper ated it. "That mill raised my children, several grandchildren and gre at-grandchildren," Pernina James told Mrs. Honaker. Evidently Samuel James had a premonition of an early death. Perhaps he was ill when h e inquired of his wife about the disposition of the mill and money. H e was 62 years old when the flood waters of Johns Creek claimed his li fe. Both Mrs. Honaker and Mrs. McCoy explained that the bed of the st ream back a hundred years ago pushed against the north side of the cre ek, now near the home of Tom McCoy. It was here that Samuel James was drowned on 15 June 1836. He lies buried on the sloping hill near wher e he met his death. His will was probated July 15th 1868 in Floyd Coun ty." Pernina James, with the help of her sons and the water- mill rais ed the children, and as she said afterwards, grandchildren and great- grandchildren, John and Isaac James, two sons of the marriage of Samue l and Sarah, went west as did Little Samuel, her son, who migrated to Minnesota. The daughters married into the early settler families. Mi randa, said to be a beautiful woman by those who remembered her, marri ed Hugh Harkins, of Prestonsburg, Sallie, mother of Mrs. McCoy marrie d William (Billy) McCoy, Pernina Ann, the youngest and mother of Mrs. Honaker, married John Smith, Malinda married John Roop, Rachael marrie d Ira Russell and moved to Big Blaine Creek. The John Dean family move d away.John died in Wayne county, West Virginia, but Pernina Dean Jame s continued to live at the old homestead on Johns Creek until she die d in 1880 [1884] and was buried at the mouth of Brushy. Her life was one long regret, as she expressed it "for the beautiful blue mountain s of North Carolinas." She lived long enough to see her children and several of her grandchildren established in homes of their own and to pass on to her descendants the story of a section that was a little bi t of our mountain annals.", William and Wil liam McGuire and James W. Friend to go upon a tract of land containin g forty acres of land and lay off by proper meets and bounds to Pamen a James one thierd of the said tract of land according to quantity an d quality and make a report the next county court of their acting? an d doeingo?inted to lay off and allot to Pamena Jam es widow and relict of Samuel James deceased her dower in a certain tr act or parcel ofland agreeable to an ordfer of the Floyd County Coiur t made at their term 1837 is received and ordered to be recorded.lay or any three of them, do view and mark the nearest and best way for a proposed change in the road around the farm of the sd Panina James, and report to the next term of court.*sssary.d County Court April 1843n Justice's of the peace being present a nd concurring herein.rninah Ann and John Smith and their children In 1870 she is living with her d aughter Perninah Ann, Samuel (18 and must be her grandson by one of he r other children), Nancy A., John D., William, Lydia, and Mary.Y LAND GRANTS Volume 1 Part 1 CHAPTER VI KENTUCKY LAND WARRANTS (1 816-1873) THE COUNTIES OF KENTUCKY page 603 1837 Tax Record - Floyd County 300 Acres, Johns Creek, valued at $1,00 0, 1 hogs and mares valued at $50, 12 cattle valued at $50, 4 childre n between 7 & 17 (Malinda, Daniel, Tansey, Samuel). 1841 Tax Record - Floyd County 1 tract, Johns Creek, valued at $800, 3 hogs and mares va lued at $100, 40 cattle, 4 children between 7 & 17 (Hannah, Sarah, Rac hel and Malinda), Total value $940. 1842 Tax Record - Floyd County 41 0 acres, Johns Creek, valued at $800, 3 hogs and mares valued at $110 , 22 cattle valued at $72, 4 children between 7 & 17 (Hannah, Sarah, R achel and Malinda), Total value $940. 1843 Tax Record - Floyd County 1 50 acres, Johns Creek, valued at $800, 5 hogs and mares valued at $150 , 25 cattle valued at $50, 2 children between 7 & 17 (Mahala and Perni na), Total value $1000 1844 Tax Record - Floyd County One Tract, John s Creek, valued at $800, 5 hogs and mares valued at $150, 25 cattle va lued at $50, 3 children between 5 & 16 (Mahala, Pernina & ?), Total va lue $1095 1845 Tax Record - Floyd County 400 acres, Johns Creek, value d at $1000, 2 horses and mares valued at $70, 15 cattle valued at $30 , 3 children between 5 & 16 (Mahala, Pernina & ?), Total value $1100. 1846 Tax Record - Floyd County 100 acres, Johns Creek, valued at $400 , 2 horses and mares valued at $60, 17 cattle valued at $50, 2 childre n between 5 & 16 (Pernina & ?), Total value $570. 1847 Tax Record - Fl oyd County 100 acres, Johns Creek, valued at $400, 2 horses and mares valued at $60, 17 cattle valued at $50, 2 children between 5 & 16 (Per nina & ?). 1848 Tax Record - Floyd County 380 acres, Johns Creek, valu ed at $500, horses and mares valued at $84, cattle valued at $90, 2 ch ildren between 5 & 16 (Pernina & ?), Total value $580. 1849 Tax Recor d - Floyd County 450 acres, Brushy Creek, valued at $500, horses and m ares valued at $100, 12 cattle valued at $15, 1 child between 5 & 16 ( ?), Total value $615. 1850 Tax Record - Floyd County 200 acres, Johns Creek, valued at $700, 9 cattle valued at $30, Total value $790 1851 T ax Record - Floyd County 400 acres, Johns Creek, valued at $500, 3 hor ses and mares valued at $90, 6 cattle, Total value $890 1853 Tax Recor d - Floyd County 350 acres, Johns Creek, valued at $500, 1 horses and mares valued at $35, 9 cattle, 2 children between 5 & 16, Total value $535.ndred and fifty dollars paid me by Hugh Harkins I have this day sold unto him my whol e interest in the estate which has descended to me from my father Joh n Dean late of Wayne County in the state of Virginia the landed estat e excepted and I hereby transfer to the said Harkins for the sum afore said all my interest in and to the negros, horses, cattle, hogs, house hold and kitchen furniture and all monies due me as one of the heirs o f John Dean decd. and full autherize him said Harkins to receive from the administrator of sd. estate my said share or to sell, transfer, o r sue for the same and to receipt therefor if paid or delivered withou t suit and do all and everything in the premises (using my name if nec essary) which I could do were I personally present hereby ratifying al l his acts in that respect all of which shall be as bindng on me in la w and equity if I had done the same in my own proper person.esy of F loyd, State of Kentucky, have this day bargained and sold unto Willia m Vinson of Wayne County, Virginia for the sum of $350 to the said Har kins paid, all of the estate that he holds in the estate of John Dean deceased in the County of Wayne and State of Virginia, that is to say , all the interest he received by a deed of Purchase from Pamna James of the County of Floyd, State of Kentucky, she being one of the heirs of John Dean, deceased, that is all the estate she was and that said H arkins was by said deed entitled to except the lands of said goods an d chattels stock and every variety of estate except the lands said dee d from Pamna James having been regularly admitted to record in the Flo yd County Clerk's office on the 15th day of November 1847, in Book E, p. 313. I, the said Harkins do hereby sell and convey unto the said V inson all such estate above described forever, and do furthermore here by constitute said Vinson with full power and authority to sue for an d recover from all persons have in possession any of the property. An d to institute any suits necessary in order to the adjustment at law o r in equity said estate, and when so obtained, it is by this bargain a nd sale of right his own.************************************s of said Maranda Harkins late James who intermarr ied their father High Harkins who is also dead. They state that on th e __ day of __ 1870 their brother John Harkins granted a deed and conv eyed to them all of his interest in said land and the land is now hel d jointly - See copy of said will herein filed and made part hereof ? They further state that for the last eight or ten years, the deft, Pernina James has been ?? claim to said land as her ? and refuses to s urrender the land. That she acknowledged & recognized the Plffs righ t to the land [...]. Therefore they pray ? to make them a deed to the lot of land allotted to their Mother - being heir no. 2[...]. Filed Ja nuary 16, 1871 The deft P. James states that the land sought to be rec overed by Plffs she gave a Bond over twenty three years ago to Robert Mead for title to same. That Robert Mead & those claiming under him h ave had the peaceable ? & continuous possession & control of said lan d from & after the hereof aforesaid, said land was knowingly a well de fined market boundary & was so known to be occupied and possessed by h er & those claiming under her for the period aforesaid by the Deft. Sh e therefore pleads & relies upon the Statute of Limitation so far as r elief is sought against her upon said bond and pleads & relies upon th e same on a bar to Plff action & in the event that the court should b e of opinion that pleas is not sufficient to ban Plffs action she the n pleads and relies upon the Statute of Limitation in Bar of Plffs act ion to the extent of the well defined & marked boundary of the land em braced in the Bond set up by Plffs & with the marked & defined.The Def t Pernina James states that she & those coming under her have made it notoriously & public that they claimed & held to the full extent of th e Boundary above described is said bond & have to claimed & held publi cly & notoriously & against all claimants, & such claim & holding was well known to the Plffs, was acquiesces in & acknowledged by Plffs fo r & during the full period of at least twenty years without objection or complaint until the bringing of Plffs suit. Deft states that she ha s (sic) know interest in this controversy except she is made a deft b y the summons of Plffs, being old & Infirm in age she only seeks in th at age to be protected & protect those who honestly hold under her. Ha ving fully answered she asks to be dismissed all proper relief. May 20 , 1871 Amended Petition The Plaintiffs amend their original petition h erein and state that at January Term 1846 of the Floyd County Court th e report of the Commissions of assignment of dower and division of th e land - ? which division was made on the 4h of October 1845. They st ate that of the division most of them took possession of the lots assi gned them. The widow Pernina James taking remaining in possession of the lot assigned to her and of ?. Plffs ancestors Hugh Harkins and Ma randa Harkins took possession of the lot allotted to their Mother. Ma randa Harkins she at the time being a married woman. Their Mother die d Jany 1st 1847 leaving their husband their Father Hugh Harkins surviv ing her when ? in possession of the lot assigned to the Mother and tha t he was as her husband entitled to the use ? and benefits of said lan d during his natural life - as tenant by ?. They state that the femal e Plff Emily G. Weddington was married on the __ day of April 1860 bei ng then 18 years of age. That her husband the Plff Robert is still li ving. That the female Plff - Elizabeth Johns was married on the ?? da y of 186__ and that their Father Hugh Harkins was still living and con tinued to live afterward up the 28 of March 1869. something over two years ago and less than two years before the bringing Plffs suit they state that they had no right to bring a suit for said land until the 2 8th of March, 1869. That time for the first time their right to brin g a suit for said land ? came into existence, and that they insist th e Statute of Limitations did not begin to run against them until thei r Father's death. The female Plffs are both married woman and they ? t he ? of ? disabilities. That he land had belonged to the female Plff s from and of their Mothers death subject to their Fathers life estate . The insist that the holdings of said land by their Father as ? unde r him was for their use. And ? other holding is ? and in violation of their rights. The state that since bring their original suit they hav e learned that John Fraley & Moses Collinsworth is in possession of sa id lot of land ? "2". They therefore invoke them for ties to their s uit and ask process against them. [...] October 7, 1871 The Plaintiff s by leave of the Court amend their petition and for amendment state t hat the sale or pretended sale of Pernina James to Robert Mead was mad e in violation of their rights that the said Pernina came into possess ion of the said land and or and by virtue of the title of Samuel Jame s the grandfather of the female plaintiffs and she and these claiming under her are stopped from ? their title to said land and they plead t he estoppel against the said Pernina James, Robert Mead and all person s claiming by through or under them. They charge that the defendants J ohn Fraley & Moses Collinsworth are the tenants in possession of said land and they are claiming immediately or immediately under the title derived by Robert Mead from Pernina James they make the said Robert Me ad a defendant to this and their original petition and ? that the titl e of the final Plffs to said land may be quieted and the said Robert M ead, John Fraley & Moses Collinsworth be compelled to surrender up to them the possession of said land. They change example that the Statut e of Limitation did not commence running against them until the 28th d ay of March 1869 the time of the death of their father Hugh Harkins wh erefore they pray as in the original petition.******************** 24 day of April 1872 Elizabeth John al Plffs VS: Petitio n in Equity Pernina James al Deft Filed January 16, 1871 Deposition o f Solomon Stratton taken on the 24 day of April 1872. Question by Plf f State if you were acquainted with Samuel James - also whether Mirand a James was his daughter & who she married - when she died & who are h er heirs at law if you know. Answer I was acquainted with Samuel James . I know that Maranda James was the daughter of Samuel James who inte rmarried with Hugh Harkins. I know that the said Maranda James or Har kins had three children by the said Hugh Harkins: John, Elizabeth & E mily & Elizabeth intermarried with John G. Johns & that Emily intermar ried with Robert H. Weddington and now the said Elizabeth Johns & Emil y Wedding are the only children and heirs at law of the said Maranda H arkins Question Do you know when Maranda Harkins and High Harkins died . If so, state when they died. Answer My best impression is that Maran da Harkins died in the winder of 1847 or 1848 and Hugh Harkins died i n the spring of 1869 and further this ? sayeth not. /s/ Solomon Stratt on January 1873 This case having been submitted and fully heard it is adjudged that the female plaintiffs are the owners of the land describ ed in the petition. It is further adjudged that they are entitled to a conveyance of the same to themselves; It is therefore evidenced an d adjudged there that the defendants, Pernina James, Malinda Roop, Joh n Roop, Tamsey Russell, Ira Russell, David James, Sarah McCoy, Willia m McCoy Mahala Priest, John Priest, Pernina Smith, John Smith convey t o the female plaintiffs Elizabeth Johns and Emily Weddington lands des cribed in the petition and Exhibits, in the Covenants of Special Warra ntees, and upon their failure to do so and or before the 1st day of th e next term of this Court John W. Mayo is appointed a Commissioner to make the conveyance. He is further appointed a Commissioner & directe d at the same time to convey to the female Plffs - the interests of th e defendants Richard Ratliff, Hannah Copley, James Copley & Samuel Jam es.He will present the Deed for ? at the next term of this Court... Th is day Jno. W. Mayo Commissioner produced in Court a deed in ? of the former judgment herein, which deed is approved and confirmed and ? by the Circuit Judge and ordered to be ? to the Clerk of the Floyd Coun t Court for record.i s deed referenced to in the above lawsuit revised. He said that some of her children or grandchildren said she was not in her "right mind" and that he wanted everything legal before she died. He wanted one sm all change to include a grove of willow trees and for that change pai d her $400.Apparently he changed one of the boundaries substantially a nd sued her in 1876 to get her to turn over the additional property. [ note: this is somewhat confusing because the Elizabeth Johns and Emil y Weddington lawsuit was in 1871-1872 and the girls were awarded some of the property that Moses Collinsworth supposedly had a deed to. Whe ther Pernina ultimately gave her granddaughters the land or money as a settlement is not known. Lucy DeYoung] In her deposition taken on 26 " day of May 1876 at her house at or near the mouth of Brushy a tribut ary of John's Creek Pernina states "I am 82 years of age if I live to see the 27" day of Sept next. Physically I am weak and feeble; my hea ring is not good, I can't understand anything,? play particular attent ion and then the talking must be very loud." Judgment This case havin g been submitted and fully heard it is adjudged by the Court that the deed of the defendant to Plff dated 27 October 1874 and filed as "Exhi bit A" and having the second deed made by her to the Plff cancelled se t aside and held for naught. The proof shows that the some small part of the land embraced by the first deed is in possession of the defenda nt, but that she was permitted to have the possession. She is as to t his a tenant at will, and is entitled to notice to surrender before sh e can be ?. No such notice as required by law is shown. The plaintif f's petition is dismissed and the deft Pernina James is adjudged to re cover her costs against the plaintiff Moses Collinsworth and may have ? therefore. The parties are hence dismissed. The plff excepts to th is payment and prays an appeal to the Court of Appeals which is grante d.**************, 1886 Floyd County Court Recordse ? probate the last will and testament of Per ninah James deceased and the said instrument proven by the oath of Dav id W. Roup and S. J. Smith as to the subscribing witnesses to be the v oluntary act and deed of the said Perninah James. Both of said witnes ses also proving the genuineness of the signature of Henry P. Bechelhe imer [note: Susan Priest sued Henry for Bastardy later - ld] the othe r attesting witness to said instrument and the court being sufficientl y advised it is adjudged that said writing be reviewed and ? to probat e as the last will and testament of said Perninah James deceased.d as having been born in Mass.d to one half of the Pond Branch land a t the end of five years to which I have leased to Peninah Ann Smith fo r and in consideration of her pat of my estate as i have settled with the rest of my heirs given under my hand this the 19th day of August 1 874. The above named land is to be deeded to Haner Copley, and Malind a Roupe and Tanzy Russell and Mahaly Preast and David James.y P. Bechelheimer