Sarah Beall Carney
Cincinnati Daily Enquirer, 17 March 1864, page 2
NEWPORT NEWS
IMPORTANT LAND SUIT-The late special term of the Circuit Court in
this city, was appointed for the purpose of trying the case of Sallie B Carney
vs. James G Lindsey's heirs and others, but owing to the absence of the regular
judge, the case was postponed to a special term to be held on the next Tuesday
in June next.
This suit involves the title to 4500 acres of land in Campbell County, embracing many improved farms, vineyards, etc. and if decided in favor of the plaintiff will dispossess over a hundred parties, who are made defendants to the petition.
The plaintiff, who is a daughter of Ben and Jeanette H Beall, deceased and a granddaughter of Wm Kennedy, deceased, claims that the land in controversy was held by J G Lindsey in his lifetime and by his heirs since his death in trust and now asks for a surrender of the legal title. It is alleged that William Kennedy, the grandfather, was the owner of about ninety thousand acres of land, situated in various counties in Northern Kentucky, and that he died leaving but tow children, William Kennedy Jr. and Jeanette H Beall, plaintiff's mother to whom the whole of the lands descended;
that plaintiff's father, Benjamin Beall, purchased the interest of William Kennedy Jr. thus making him and his wife the owners of the whole property; that Benjamin died in 1808 and his wife soon thereafter; that the estate owed a debt to one Cummings, upon which J G Lindsey and Thomas D Carneal were sureties and there being no personal property in the hands of Lindsey, who was also administrator, with which to pay the same, The Legislation of Kentucky passed an act appointing Lindsey, Benjamin Beall Jr. and George M Beall, Commissioners, to convey sufficient land to satisfy the debt;
that the commissioners, acting under this appointment, conveyed the land now in controversy to Thomas D Carneal, for the purpose of enabling him to surrender it to the Sergeant of the General Court, to be sold in payment of Cummings judgment; that it was surrendered by Carneal and sold by the officer, but that before the time for redemption had expired, Lindsey discovered that he could sell eight hundred acres of the land for about enough to pay the judgment and that he therefore procured a deed from Carneal, which in consideration of one dollar conveyed to him all the land; and that Lindsey upon the same day he received the deed from Carneal, sold and conveyed eight hundred acres of the land, and with the money received therefore and other money in his hands as administrator, redeemed the land and paid the debt in full.
In the year 1833 and shortly after these transactions, Lindsey died suddenly with the cholera without having reconveyed the title thus obtained by him in trust is alleged. The plaintiff was a married woman when these conveyances were made and so continued until 1856.
The defendants, most of whom are purchasers from Lindsey's heirs, resist the plaintiff's claim upon the ground that they purchased without notice of any trust effecting the title, and have held adversely to her for more than twenty years. they also set up and rely upon a deed from plaintiff and her husband to Lindsey, dated in May 1833, which they say embraces the land in contest, and passes the absolute title to Lindsey.
Considerable testimony has been taken and filed and we presume the trial will take place at the time appointed. Its result will doubtless be awaited with much anxiety by the numerous parties interested.
Messrs. J H Carlisle and Stevenson & Myers appear for the plaintiff and the following named gentle men for the defendants; Judge Pryor, M M Benton, Hallam & Fearons, F M Webster, E W Hawkins, R T Baker, W W Trimble, J F Fisk and Mr. Dunham of Ohio.
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Cincinnati Daily Enquirer, 20 April 1869, page 7
NEWPORT
The Court of Appeals now in session at Frankfort, has decided the appeal of Mrs. Rachford and Benjamin J Beall, cross petitioners in the celebrated Carney suit, involving the title to nearly all the land in the southern portion of Campbell County, by affirming the judgment of the Circuit Court, rendered in their favor.
The claim of Mrs. Carney having been decided adversely to her, the titles of the persons now in possession of the land are rendered perfect by the recent decision of the Court of Appeals, which is final.
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Cincinnati Enquirer, 21 April 1869, page 7
NEWPORT
CORRECTION-The types in yesterday's notice of the final result of the Sally Carney land suit, made us convey the idea that Mrs. Rachford and B J Beall, the cross-petitioners, had gained their suit in the Court of Appeals.
This is not correct for the judgment of the Circuit Court dismissed the petition of Mrs. Carney and the cross petition of Mrs. Rachford and Mr. Beall and the judgment having been previously affirmed in the case of Mrs. Carney, was by the recent decision also affirmed as to Mrs. Rachford and Beall. This finally settles the title of Lindsey's heirs and their vendees favorably.
The suit has been pending for eleven years past and has created considerable anxiety in the minds of a very large number of landholders in the upper end of Campbell County. The attorneys engaged in the case for the claimants were Governor Stevenson, Harvey Myers, J G Carlise and John F Fisk of Covington and Messrs. Craddock and Trabue of Frankfort.
For the defendants J R Hallam and E W Hawkins of Newport, and P J Donham of Cincinnati.