Deposition – 3 Mar 1829
The deposition of George H. Briscoe taken agreeably to notice at the house of Edward Bullock in Perryville this 3rd day of March 1829 to be read as evidence in a suit in chancery now pending and under consideration? in the Mercer Circuit Court wherein Lewis Powell and Robert Burton are complainants and Charles Hart Adm. of Charles Powell Dec'd. is Deft. This deponent of lawful age and on oath deposeth and sayeth, That he as the Administrator of his father Dec'd. held a note on Charles Powell, Jr. (also Dec'd.) with Lewis Powell one of the complainants above named as security to said note which note was payable eighteen months after the death of Sarah Powell mother to the aforesaid Charles and Lewis Powell and the interest thereon accruing from year to year was to be paid annually by said Charles Powell but he failing to do so admitted the note to accruement? until it exceed the amount due him (Chas. Powel Jr.) as an heir of Charles Powell Sr. Dec'd and was about to cover the interest out of his security Lewis Powel at which time he the said Lewis Powel did agree and did take up Charles Powells note to which he was security and executed his own note for the said principal and interest (rest of line unreadable) on Charles Powel Dec'd. to which he was security for his only proper was and bought??
The deposition of Sally Taylor
taken agreeable to the notice at the home of Edward Bullock in the town of
Perryville the 10th day of March, 1829 to be read as evidence in a certain suit
in chancery now pending in the Mercer Circuit Court, wherein Lewis Powell &
Robert Burton are complainants and Charles Hart, Adm. of Charles Powell dec'd is
defendant. This despondent of lawful age and duly sworn and being
interrogated by the defendant deposeth and saith that she was frequently with
her Mother, Leah Voiles, before and during her last illness and often heard her
say that the bond she had given to Charles Hart Jr., Adm. of her late husband,
Charles Powell, dec'd. for property purchased at the sale of the decedent was
not paid and that she frequently heard her mother exclaim against Benjamin
Voiles, her then husband for not making arrangements to pay off said debt.
On being interrogated by the Complainant Powell this despondent saith that her
mother was in her right mind and senses when she made the above statements
concerning said bond..
Met agreeable to adjournment this
11th March 1829 at the house of Edward Bullock in the Town of Perryville, and
preceded to take the deposition of William Duncan to be read as evidence in
certain suit in Chancery now pending in the Mercer Circuit Court wherein Lewis
Powell and Robert Burton are complainants and Charles Hart Jr. Adm. of Charles
Powell is defendant. This deponent being of lawful age and duly sworn and
being interrogated by the defendant deposeth and saith. That Lewis Powell
complainant came to his house two or three times during the time Henry Nail
lived with him, and that said Powell had a private conversation with said Henry
Nail each time. On being further interrogated by defendant this deponent
saith he believes said Powell was duly sober.
The deposition of John W. Bullock
taken this 11th day of March 1829 at the same place to be read as evidence in
the same suit as the foregoing depositions. This deponent being of lawful
age and duly sworn and being interrogated by the defendant deposeth and saith
that he heard Mr. Lewis Powell complainant say that he had the money of the
heirs and that he would pay it upon a fair settlement but Charles Hart would
never have it if he could help it. This deponent further saith that the
above statement was made by said Powell on yesterday, and that he heard him a
few days ago say he had the money, that he had sold property to secure himself
and further this deponent saith not.
John W. Bullock