Edward Worthington legal case, 27 June 1801

10. Ohio when said Callaghan was on his way to the Louisiana county and as he could not conveniently stay to settle his and his Brother Patrick Callaghan claims of land before the Honorable the Court of Commissioners who was to sit shortly [afterwhen?] authorised and agree with the aforesaid Edward Worthington to lay in his and his Brothers claims before the Commissioners, and at the same time requested of this deponent to furnish said Worthington with the location of their claims, knowing him to be well acquainted with each of their improvements, which he promised he would and gave Edward Worthington the power to act for him and his Brother Patrick, and that he would pay him for the said Worthington a part of the land for his services. This deponent further saith, that he saw said Worthington and Callaghan attempt to enter into writings but was disappointed by some disturbance that happened on board the boat they were to sail in, and still requesting said Worthington to be attentive in this business until the boat was under way. That some time in the summer of the year 1797 in the Town of Cynthiana he this deponent was called on by Daniel Callaghan and Edward Worthington to settle a dispute between them wherein said Worthington claimed four hundred acres of land on the South fork of Licking, which four hundred acres was Daniel Callaghan settlement right on the so. fork of Licking in the county of Harrison, and that this deponent and a certain George Johnston were called upon to settle the

11. the dispute between said Worthington and Daniel Callaghan, said Callaghan alleged he thought it was rather more than said Edward Worthington ought to have for his services as agent for said Daniel Callaghan and Brother Patrick Callaghan in obtaining two settlements and preemptions. It was the opinion of this deponent and George Johnston that he was entitled to receive two hundred acres of said Settlement or the value of the same, and at the same time said Daniel Callaghan made mention that he had partly sold the ballance of his land and that he could not finish his bargain without selling that two hundred acres also, he agreed to pay the said Edward Worthington the full value of the two hundred acres in money, and this deponent further conceived the said two hundred acres of land to be worth three pounds per acre, and this deponent further saith not. signed John Martin Sworn to before, as at James Logan in Lincoln county the 20th day of June 1729. James Logan [?] Joel Atkinson [Esq.?] George Johnston of full age and first duly sworn deponent and saith, that some time in the summer of the year 1797 in the Town of Cynthiana he the deponent was called on by Daniel Callaghan and Edward Worthington to settle a dispute between them wherein said Worthington claimed of said Callaghan four hundred acres of land on the South fork of Licking in the county of Harrison, being the said Callaghans settlement right, alleging that

12. the said Callaghan had stipulated to give him the same as a compensation for his services as agent for said Callaghan in obtaining two settlements and preemption rights [?] one in the name and behalf of the said Daniel & the other for his Brother Patrick Callaghan, the said Daniel Callaghan acknowledged that the contract was agreed on as stated by said Worthington, but complained that said Worthington had given 1200 acres to Johnston and Garrard for clearing out the said settlements and preemptions which he considered as exorbitant, and this deponent and John Martin were referred to by them as arbitrators to determine what said Callaghan should give to said Worthington for his services. We gave it as our opinion that the said Callaghan should give the said Worthington two hundred acres of said land from a principle that being the custom [?] of the country to give one half for clearing out land, where two hundred acres was the residue of the one half after giving Johnston and Garrard their twelve hundred acres, which said determination was mutually agreed to between the said Callaghan and Worthington, said Callaghan expressed that he had conditionally sold the whole of the aforesaid lands, but that he would give the said Worthington the said two hundred acres or the price that he should get for it. This deponent conceives the said land, to be worth three pounds per acre. And further this deponent saith not. signed George Johnston Sworn to before John Hunter and Samuel Shepherd justices of Scott, the 14th June 1799.

13 Kentucky Lct I Thomas Arnold clerk of the Paris District Court do certify the foregoing pages to contain a true transcription from the words and papers in my office, of the proceedings had in the cause between the parties therein mentioned, as fully and wholey as the same is therein contained. In Testimony whereof I have herewith my hand and affixed the seal of my office this twenty seventh day of June one thousand eight hundred and one Tho: Arnold complaintants cots is $ 24-94 this rund, s --- 3. 36. seal these -- 1 - " $29.30 Tho. Arnold clk D. C. Paris District towit I John Allen one of the Judges of the District Court of Paris do certify that the above attestation of Thomas Arnold clerk of the said court is in due form of law. Witness my hand the date above. John Alle

Worthington vs Record Callaghan Rec'd of Mr. Worthington For the ___ __ for here with _____ _______ and $ ___ _________

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