| Notes |
- From Comptonology - Volume 2, Number 9, February 1943 issue: Page 45, Left Bedford County, Virginia about 1788. Richard Compton married Elizabeth Cummins on 18 October 1791 in Madison County, Kentucky. This Richard Compton was a son of John and Margaret Compton.
With his marriage to Elizabeth Cumming in 1791, I have estimated his age to be about 1770.
Richard Compton is listed on the 1813 Green County, Kentucky Tax listand stated only himself to be over 21 years of age. Listed on Page 6. The last name was spelled as Cumpton.
Green Co., KY Circuit Case #5266 Feb 1828
Barnett & Compton vs. Thomas H. Harris, et al
Andrew Barnett and Richard Compton states that some years ago, Compton purchased of Thomas
H. Harris 750 acres on Pitman Creek. Harris sold the land by Thomas Thurmon, his agent (power-of-
attorney recorded in Green County). Compton then lived on the land. Richard Compton sold
part of the land, fifty acres, to William Compton and having moved off the land, George Winlock
moved on as a tenant. There were odier tenants also placed on the land by Compton. The 750 acres
was part of a 5000 acre tract surveyed and patented to James Harris who has since died leaving the
tract of land with other lands to his sons and daughters. There has never been a legal division ofthe
land. Thomas H. Harris is one of die sons of James Harris. The children have been advanced some
land and out of that advancement Thomas H. Harris became the owner of die 750 acres. Compton
has made extensive improvements on the land.
Richard Compton paid $1500 for the land but Thomas H. Harris has refused to make the
conveyance. He commenced a suit of ejectment as Thomas H. Harris vs. George Winlock, et al and
is threatening one on Compton.
Compton thinks the original bond is being filed among the papers in a suit in the Washington
Circuit Court. The children of James Harris all live in Virginia except for Thomas H. Harris. They
are the following:
1. Benjamin James Harris
2. Thomas H. Harris
3. Judith Winston married George Winston
4. Elizabeth Terrill married Samuel Terrill
5. Mary Harris
6. Lucy Harris
7. Amelia Wood married John Wood
13 Mar 1811:
Thomas H. Harris of Richmond, Virginia appoints Thomas Thurmon of Cumberland County,
Kentucky his Power-of-Attomey to sell lands in Kentucky, a tract of 752 acres on Pitman Creek in
Green County on which Richard Compton now lives.
Wit: Frich Cross, Nelson Hardin
Thomas H. Harris states that survey and entry was made to his father, James Harris, for 5000 acres
of land. In 1794, or about that time, James Harris died, leaving the children before named in the
petition. There may be a surplus of land in the 5000 acre survey. He empowered Thomas Thurmon
to sell the 752 acres allotted to him, but only his part in the division of his father's estate. Thurmon
failed to sell die land. Through the misrepresentations of Compton he contracted to sell to Compton
his sister's land where Compton then resided and had been living many years free of rent. The nearest
part of Thomases land is nearly a mile from the house where Compton lived in a direct line which
would pass through the whole length of Josiah Basses tract dividing it nearly in two equal parts
Thurmon could have contracted to sell George Rowland's 600 acres as Thomas Harris's brotherin4aw
happened to have settled on the Rowland tract.
The parts ofthe survey allotted to Thomas and to his brother-in-law, George Winston, are
described in the paper containing the division and partition ofthe estate and conformable to a decree
ofthe Henrico County Court in Virginia and annexed is a connected plot ofthe whole 5000 acres
survey. The plat of survey does not agree with the idea ofthe commissioner who partitioned off and
divided the estate. It differs really in some respects and apparently in others. Thomas's part is
represented in the partition to join and Thomas's part is represented in the partition to join and bind
on the 600 acres sold to George Rowland which cannot be because Harris's executors agent, Ben
James Harris made a sale to John Marshall of 125 acres lying immediately between and parallel
to Rowland's 600 acres and Thomas's part. Thomas supposes that the 125 acres were sold previous
to the partitioning off of said estate and die sale was omitted to have been reported to the
commissioner by said executor or his agent, Ben James Harris, the latter of whom made a deed to
said Marshall for the same on 21 Apr 1800 about the time he made several other deeds to different
purchasers of small tracts sold them as appears in Green County Clerk's office.
The apparent difference between the platt and the partition is the partition calls for John
Mitchell's line when it should have called for Robert MitcheU's and Josiah Basses being one and
the same produced and continued on the same course as by preference to deed of record in Green
County made to the persons by James Harris's executors agent. Ben James Harris will testify that
John Mitchell was the actual purchaser ofthe fifty acres deeded to Robert, John being at that time
involved did not hold land in his own name that John negotiated and contracted with Harrises
executor's agent. Ben James Harris for the 100 acres deeded to Josiah Bass and therefore the agent
made the deed by agreement between the parties and hence Robert Mitchell's line and Josiah Basses
line being one and the same continued on the same course and their lengths added togetiier were
called in the partition and division of said estate John Mitchell's line and has no doubt of. Thomas
H. Harris doesn't know how much Compton has receipted for.
It appears on paper that agent Thurmon acknowledges payment of $400 in horses and $600
in cash.
Thomas H. Harris also states that in the division of his father's estate and more than 27 years
ago, William Buckner in favour of Compton wrote to George Winston the executor of said estate
informing him that Compton was near the public road and that a road much traveled extended
through the 5000 acre tract belonging to the estate . He requested that Compton be allowed to settle
near the public road for the purpose of accommodating travelers. By the intercession of Buckner,
permission was granted to Compton to settle on the 5000 acre survey free of rent until notified to
remove.
When a partition of his father's estate took place, Thomas was between 16 and 18 years old,
that from that time until he became 26 or 28 years different persons occasionally year after year wrote
to Thomas's guardian and to Thomas himself. Also, various letters on behalf of said Compton
stating that Compton was living on Thomas's part ofthe 5000 acre survey and wished to purchase
it of Thomas. About the time last mentioned Thomas authorized Thomas Thurmon to sell his 752
acres of land and give Compton the refusal of it supposing that he was really living on same.
Compton was using it for a tavern stand, camping ground, etc. Thomas at that time and for many
years thereafter had never been in Kentucky and when Thurmon left Virginia, Thomas sent with him
the Power-of-Attomey to sell Thomas's land so that die mistake of Compton in supposing diat he
lived on Thomas's land and was purchasing his land happened and was occasioned by the
misrepresentations of Compton. Thomas knows that Compton did live on die part ofthe 5000 acre
survey partitioned off to his brother-in-law George Winston the executors which information is
obtained from the surveyor, et al, in pursuance ofthe circuit court held in Washington County at
Springfield ordering surveyor to make a survey ofthe land in controversy to be exhibited in a suit to
be tried there between the same parties. Not until the survey was made and some weeks thereafter did
Thomas ever go on the lines of his tract. In 1816, Compton showed to Thomas the land of
Winston stating it to be Thomas's land which Thomas believed at that time and then proffered to
make a deed for the same supposing that Compton had liquidated the contract with Thurmon in
some way or would shortly thereafter do it when Compton refused to accept a deed unless he could
obtain a deed from all the unsold land of me 5000 acre survey including the unappropriated on the
extreme opposite side ofthe survey. Thomas denies that he ever intended to sell any ofthe survey
other than the 752 acres which he drew at the division of his father's estate and that he never meant
to sell by the expression of his Power-of-Attomey to Thurmon. In 1800, the division of his father's
estate was made that his agent made the effort to sell the land in 1811. Compton knew that although
that all along he has professed to have purchased only 752 acres he has sold almost double that
quantity togetiier with what he had rented of Winston's land to Winlock which he himself had for
so many years occupied gratis. Although Compton complained of bis lack of education and
knowledge, he got the length of a surveyors chain on grapevine and run the line ofthe two portions
of land allotted to Winston and to Thomas. The improvements, if improvements, they may be so
called, if destroying property can be called improving it, then Thomas would be worth fourfold in
a state of nurture more than it will now sell for in its present devastated condition and his sister
Winston's tract or the major part of it, is irretrieveable, it being very broken and badly cultivated for
nearly thirty years without one cent of rent being paid or the taxes until very recently if at all by
Barnet and Compton. They were paid by our agent George Clark of Fayette. Thomas wants the
contract rescinded.
Richmond, Virginia: 3 Nov 1830
Judith Winston states the land mentioned is part ofthe 5000 acres patented in the name of James
Harris, now decd. The land was divided and die part alluded to fell to Judith but whether it was legal
or not he doesn't know. She denies that Thomas H. Harris was authorized to sell it and she denies
that it was sold as stated in die bill. The supposition is entirely unfounded that Thomas H. Harris
is likely to become entitled to all of said tract. He will be entitled to his equal part only with the omer
heirs and has no title to die part claimed by complainants. She doesn't know about improvements and
she doesn't know if Compton has paid anything on the land. Thomas did not commence the suit of
ejectment. It was commenced by the heirs. Compton has instituted a suit similar to this one in
Washington County Circuit Court where it was sent as a change of venue of Green County.
Among the records in Green County Circuit Court:
Richard Compton shows a patent of James Harris of 5000 acres on Pitman Creek. It descended to
his sons and daughters who are Judith Winston, wife of George Winston, Elizabeth Terrill, wife
of Samuel Terrill, Benjamin Harris, Mary Harris, Thomas H. Harris. Lucy Harris and Amelia
Harris. He believes the land had considerable surplus. The land had been divided and most of it sold.
Benjamin Harris was the agent.
Others that settled on the land were David Williams, James Compton, Daniel Dealing and
William Bridges, each living on the extra balance ofthe land. In 1816, Thomas Thunnan came and
said he was agent for Thomas H. Harris. He tried to sell part ofthe land to Williams, who declined,
dien offered the whole 5000 acres to Compton for $1500. Compton being illiterate told Thunnan
to have the papers drawn up, which he did. He believed what Thurman told him. Compton has since
sold parts of the land, 228 acres to Daniel Williams, Obadiah China, John Edwards 59 acres,
James Compton 100 acres, William Underwood 100 acres.
Thurman had not served a three year apprenticeship in Richmond, Virginia.
Henrico County, Virginia: 6 Mar 1800
Answer of George Winston and wife, Judith:
They state they are children and devisees of James Harris who died in 1794. His will was proven
in Henrico County, Virginia court. James Harris, at time of his death, was die owner of a 5000 acre
tract on Pitman Creek of which the two parcels of land herein mentioned was disposed of upwards
of 25 years ago. The partition was made by commissioners on 30 Jan 1800. The two parcels were all
that remained ofthe 5000 acre tract allotted in one parcel of 783 acres allotted to George Winston
and wife.
George Winston is ofthe sect of Christians commonly called Quakers made affirmation o
the truth ofthe annexed answer and Thomas H. Harris made solemn oath to answer.
Mary Harris, widow of James Harris, Benjamin Harris, Betsey Harris, Polly Harris, Thomas
Harris, Lucy Harris and Milly Harris, children and devisees of James Harris which said Thomas,
Polly, Lucy and Milly all infants under the age of 21 years by Mary Harris, next friend vs. George
Winston, executor ofthe will of James Harris, decd.
Report of die allotment of dower of Mary Harris, widow, decree of Henrico County.
One half of each of the three tenements contained in the large five story brick house in the City of
Richmond situated at the comer ofthe main street, leading to the capital of Virginia, as being one
third in value of all the estate of the said James Harris and in another decree in Henrico County,
division of the estate of James Harris, decd, equal parts and have allotted to each of the
complainants.
Number 1: drawn by Amelia Harris, the comer tenement ofthe four story brick house by the
main street, the street extending to the Capitol the eight foot alley between Anderson's
blacksmith shop and said brick house and the dividing line that divides said tenement in the
middle tenement of said house to pay Lucy Harris 22 pounds.
Number 2: drawn by Lucy Harris the middle tenement in said house and 124 acres in the
state of Kentucky out ofthe 1500 acres on Green River near Vienna, beginning at the upper
comer on the river and out in a square for quantity and to receive 22 pounds Amelia Harris
and 5 pounds to Benjamin Harris.
Number 3: drawn by Benjamin Harris, the lower tenement in said brick house and 1326
acres of land in Kentucky being die residue of 1500 acres near Vienna on Green River, after
assigning 174 acres to Lucy Harris and to pay Mary Harris 19 pounds and Lucy Harris 5
pounds.
Number 4: drawn by George Winston in right of his wife, Judith 487 acres of land in
Hanover County being all that remains unsold of die tract that James Harris purchased of
John Blair and known by the name ofthe Flat foot tract and 1041 acres of land being all that
lies in the lower end ofthe 4000 on Robertson's Creek in Kentucky that's not taken by pryor
claim except 112 acres lying in the south comer assigned to Elizabeth Harris and 783 acres
of land being part of the 5000 acre tract on the Sinking Creek (now called Pitman Creek)
beginning on the bank of said creek at Adam Mitchell's lower comer in John Smith's line
...comer to John Mitchell-line ofthe original 5000 acres...comerof John Smith's 2000 acres
survey...
• Number 5: drawn by Mary Harris, the plantation and mill in Caroline County and to receive
Benjamin Harris's 17 pounds.
• Number 6: drawn by Elizabeth Harris, the mills called fall mills in Caroline County and an
island on said mills containing 20 acres of land and 842 acres in Kentucky in the upper end
ofthe 400 acres survey on Robertson's Creek that's not taken by pryor claim and 112 acres
part ofthe tract.
• Number 7: drawn by Thomas Harris, 752 acres in Kentucky on Sinking Creek, now called
Pitman Creek, part ofthe 5000 acre tract...comer of George Rowland's 600 acre tract.. John
Mitchell in Rowland line...Mitchell...line of a 5000 acre survey...one moiety of 200 acres in
Chesterfield County which was purchased of James Harris from Col. Thomas Man
Randolph and held in conjunction with Col. John Harvie and is yet undivided and two
rooms over the arch between the aforesaid brick house and McKinn Tenement and a lot lying
back of McKinn...Anderson's lot and the capitol street...and two other lots in the City of
Richmond and known in the plan ofthe City by $484 and 501. The peculiar situation of that
part of said Harris's estate lying in Virginia the commissioners found themselves unable to
divide it into seven equal parts. They have restored that inequality by annexing to the smaller
share....state of Kentucky at fixed prices per acre, diat is to say:
To Lucy Harris, 174 acres at three shillings per acre.
To Benjamin Harris, 1326 acres at three shillings per acre.
To George Winston, 1041 acres at three shillings per acre and 783 acres at five
shillings per acre.
To Elizabeth Harris, 842 acres and 112 acres at three shillings.
To Thomas Harris, 752 acres at five shillings per acre.
Ordered and decreed the report be received.
Will of James Harris, 9 Feb 1794, Henrico County, Virginia
I lend to my wife during her life my plantation in Caroline County where I lived previous to my
removal to Henrico County or any other plantation of about the same value which she may choose
to reside on and I give to my wife during her widowhood forty pounds per annum to be paid out of
the profits of my estate to assist her in maintaining my children.
I appoint my son-in-law, George Winston, guardian of all my sons until they arrive at age 21
and I desire that he educate them.
I appoint my wife guardian of my daughters until they arrive at age 21.1 bequeath the residue
of my estate to my children to be equal divided among them.
1 appoint my son-in-law George Winston, my son Benjamin and my friend Charles Hay
Executors.
Wit: Sam1 Day, Dan1 Lacy
Produced: 8 Apr 1794
Proven by Samuel Day and Daniel Lacy
George Winston (who being a Quaker) affirmed.
Answer of Thomas Thurman (19 Sep 1817, Barren Co., KY)
He was Power-of-Attomey for Thomas H. Harris. He understood 752 acres belonged to Harris and
the rest belonged to George Winston of Virginia who married the sister of the respondents codefendant.
The 750 acres was at $2.00 per acre and to throw in two acres, for $1500.
No results given.
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Abt 1770 - Yes, date unknown
