Collings vs Collings & Baker, Bullitt Circuit Court

Benjamin, Abner and John Collings were sons of Isaac Collings who purchased 200 acres from David Grable in 1818. Following Abner's death, Benjamin sued Abner's heirs along with his brother John and John H. Baker to obtain his share of the tract's value. It appears that Benjamin and Abner had sold the tract to Baker so he could operate the Crooked Creek furnace there. It is unclear what had preceded this case, but Benjamin was apparently suing to get his part of the sale. It also appears that John Collings was also due his share. The court ordered the tract to be sold for this purpose, which was done in April 1845 as shown on another page.

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Benjamin Collings, complainant, against Abner Colling's heirs, John Collings and John H. Baker, defendants, in chancery.

This day came the parties by their attorneys, and this cause came on for trial upon the bill, amended bill and the answer of the defendants, the depositions and exhibits filed in the cause and referred to in the pleadings, and upon due consideration had thereon by the court, it is the opinion of the court and so adjudges that Abner Collings and Benjamin Collings wee in full and equal partnership in the purchase of the land in the bill mentioned and in the sale of the same to John H. Baker, and also in the debt due to John Collings. It is therefore ordered and decreed that Alexander L. Beard be appointed a commissioner to sell the land the complainant & Abner Collings sold John H. Baker, it being the same land in the bill mentioned, or so much thereof as will pay and satisfy the sum of $400 with interest on the same at the rate of six percent per annum from the 24 August 1836 until paid and also $6.26 that being the last common law judgment of Benjamin Collings, surviving oblyor(?) against the said John H. Baker referred to in the amended bill, and also so much in addition thereto as will pay the cost of this suit and the cost of the sale waive day to pay the money into court and agree the sale shall be made at the Crooked Creek furnace on the Saturday before the first Monday in April 1844 in lieu of day being given, and it is so ordered and decreed. It is further ordered and decreed that the time and place of sale be advertised four weeks before the sale at the courthouse in Shepherdsville and at the Crooked Creek furnace, the sale t obe made on a credit of three months, the commissioner taking bond and good security to the complainant Benjamin Collings for the purchase money and return the bond together with his report to the next term of this court, the bond to have the force of a repleven(?) bond. It is further ordered and decreed that the complainant Benjamin Collings, out of the avails of sadi bond when collected pay the debt due to John Collings for the purchase money for said land, one half of the residue to pay to the representatives of Abner Collings and the other half of the residue be retain as his own. The commissioner to be allowed five dollars for his services.

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