Continuation of Cases Heard By the Kentucky Court of Appeals
1792 & Later

Abstracted by Bill Utterback

These are abstracts of appellate cases which were heard by the Kentucky Court of Appeals, which was created when Kentucky was granted statehood in in 1792. Appellate cases can often provide genealogical information, even if the only such information is the location of the parties involved and when they were there. Many of the cases in the early appeals time frame are associated with land disputes. Primarily, the issue involved warrants for surveys on land that was already claimed by preemption. The cases were brought to prevent another individual from settling on land through treasury or military warrants which had been settled earlier by what was commonly known as "squatting".

The abstracts present the essential information in these appellate cases, as found in the Opinion of the Kentucky Court of Appeals. The case files themselves, which would contain the actual depositions, petition and answer(s), and other materials are no longer extant for Kentucky appellate records until 1863, due to a fire. Copies of the full opinion (to be scanned and sent via e-mail attachment) in any case can be requested from me at billco@ARN.NET .

Users should be aware that given names are not always shown in the case opinions. In some cases, only the surnames are shown, especially for neighbors and others who may be corollary parties to the case. In addition, in the early Appellate Court decisions, the county in KY is not always given. In the "Other Names" field, be aware that these names, unless identified as a neighbor, witness, or other particular individual, may have no relationship to the plaintiff or defendant in the case, and that there is no other information in the opinion to identify these people more specifically. Plat maps of some of these land surveys are included in the opinions. These have been noted in the abstracts by: [plat map]. Additionally, it should be remember that these cases represent only those which were appealed - there were undoubtedly many dozens of others which were filed, and decided, at the lower court level, but which the losing party did not appeal.

This is a part of a continuing project by this contributor to abstract cases heard before the Kentucky Court of Appeals, which came into existence in 1792.

The information contained in these abstracts is public domain material. The format and arrangement is © 2006-2007.



(W) = Witness
(N) = Neighbor
(TW) = Treasury Warrant
(MW) = Military Warrant
(PE) = Preemption Claim
NG = Not Given
OGI = Other Genealogical Information
HAL = Heir-at-Law


COUNTY: Not given
CASE: Jacob Myers v. James Speed
DATE: Oct Term 1795
ON: Anthony Bledsoe(N); James Speed, assignee of Anthony Bledsoe, 1000 acres, PEW 1002; John Wilson(N); Andrew Cowan(N)
OGI: Edward Davis PE 1777, improved 1776, 1000 acres; J.Myers, assignee of Edward Davis; Azel Davis(N); David Findley(N). Edward Davis not in KY before 1777. Plat Map
CITATION: 1 Hughes 182


COUNTY: Jefferson
CASE: Philip Cleland v. James Thorp
ON: Othey Thorp(N); Matthew Patton(N); Cuthbert Bullett(N); Wm. Thorp(N); Wm Irvan Jr.(N); Isham Prewett(N); Matthew Walton(N); Caleb Wallace(N)[assignee of Matthew Walton]; James Newell (N), assignee of James Clack.
OGI: James Thorp, 1780 acres 1783; TW # 14037; P.Cleland 1000 acres, TW 3954. Plat map
CITATION 1 Hughes 192


CASE: J & D Bradford vs. Abraham McClelland, et al.
DATE: May Term 1799
ON: John Floys, assignee of Abraham McClelland, PEW 1409; William Hogan by James Hogan Jr; James Hogan Sr.(N); James Forbes(N); John Dobbins(N); Daniel Boone(W); John & DanielBradford, assignees of Wm Hogan 1000 acres PE
OGI: Abraham McClelland, HAL of John McClelland, 1400 acres in 1780 PE(entered in 1776 by John McClelland.


COUNTY: Fayette(Lexington District Court)
CASE: Christoper Greenup v. John Coburn
DATE: October Term 1799
ON: James Major, 1780, 400 acres TW; John Floyd(N); James Parberry, assignee of Major; Benjamin Netherland, assignee of Parberry; John Maxwell(N); Col. Shelby(N); William Pendleton; General Robert Todd(W); James Greer(N) 1776; John Todd(N); John Bradford(N); William Pendleton(N); Francis McConnell, 1780 PE; William McConnell(N); John Floyd, assignee of Chas Cummins; David Perry(N); Robert Patterson(N), who was assignee of James Courter, assignee of James Buford.
OGI: None. Plat map
CITATION: 1 Hughes 200


COUNTY: Not shown
CASE: Thomas Whittledge v. James Kenney, HAL of Joseph Kenney
DATE: October Term 1799
ON: Jos Kenney, 1770, improved in 1776; Wm McGee(N), PE 1400 acres; Jos Kenney died after making entry; Thomas Whittledge 1779 PE; Robert Whitledge(N); ----- Grotz(N); Col. John Edwards(N)
OGI: None. Plat Map
CITATION: 1 Hughes 21


COUNTY: Not given
CASE: Alexander McConnell v. Simon Kenton
DATE: October Term 1799
CASE Type: Land
ON: Col. Preston(N); John Maxwell(N); ------ Douglas(N); James Keene(N) and grantee from Alexander McConnell; Joseph Frazier(grantee from Keene); Mary Frazier(N).
OGI: Simon Kenton PE Dec 1779 1400 acres; Alexander McConnell. HAL to Francis McConnell; Simon Kenton was first known in KY by the name “Butler”.
Plat Map
CITATION: 1 Hughes 257 [very long case]


COUNTY: NG (Paris District Court)
CASE: Thomas McClanahan v. Francis Berry
DATE: October Term 1799
ON: Francis Berry Jan 1780 PE 400 acres; John Hoggan(agent for Berry) PEW # 2438; Daniel Wilcoxsin(N), assignee to Thomas McClanahan; James Logan, agent for Berry; Thomas McClanahan TW # 7725 & 7731; Thomas Whittledge(N); Peter Moore(W); Samuel Bryan, assignee for Haggin; Thomas Jones (W); Thomas McClanahan Jr.(N); John Verdeman(N); Jezerell Ellis(W) John Craig; John Keller(N); Benjamin Cooper(W); Richard Davis (W); Edward Bradley(W); Thomas Strother(N); ---- McGee(N); ------ Grotz (N)
OGI: Francis Berry taken prisoner by British and the Indians at Martin’s Station on 26 June 1780. Detained in captivity until sometime in the year 1784. Berry settled in March 1779. Plat Map


Cases heard by the Kentucky Court of Appeals (1792 & Later)

Page 2

Cases Heard by the Virginia Supreme Court for the District of Kentucky