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Clay Farley of Martin, Pike & Floyd Co, KY
Posted by: rebecca webb (ID *****8867) Date: May 06, 2010 at 15:52:40
  of 3423

Sharing documentation on Clay Farley who married Polly Runyon in hopes of collaborating with others and learning new information.

1850 United States Federal Census about Clay Farrell
Name:       Clay Farrell [Clay Farley]
Age:       29
Estimated birth year:       abt 1821
Birth Place:       Virginia
Gender:       Male
Home in 1850 (City,County,State): Pike, Kentucky
Family Number:       508
Household Members:       
Name       Age
Clay Farrell       29
Mary Farrell       21
Martha A Farrell 2
Elizabeth Farrell 1
Lewis Runion       19

1860 United States Federal Census about Clay Farlow
Name:       Clay Farlow [Clay Farley]
Age in 1860:       40
Birth Year:       abt 1820
Birthplace:       Virginia
Home in 1860:       Floyd, Kentucky
Gender:       Male
Post Office:       Prestonsburg
Value of real estate:       View image
Household Members:       
Name       Age
James Craiger       39
Vicy Craiger       35
Ambrose Craiger       10
Wm H Craiger       8
Rebecca Craiger       7
Joseph Craiger       4
Clay Farlow       40
Polly Farlow       35
Martha Ann Farlow       14
Elizabeth Farlow       12
Lewis Farlow       10
America Farlow       8
Tompson Farlow       4
James T Farlow       1

1870 United States Federal Census about Clay Farley
Name:       Clay Farley
Birth Year:       abt 1823
Age in 1870:       47
Birthplace:       Kentucky
Home in 1870:       Precinct 8, Lawrence, Kentucky
Race:       White
Gender:       Male
Value of real estate: $600 $300       
Occupation: Farmer
Post Office: Louisa
Household Members:       
Name        Age
Clay Farley       47
Mary Farley       42
Lewis G Farley       18
Columbia Farley       16
Thompson Farley       14
James T Farley       12
Mariah Farley       9
Thomas Farley       4
Bartrara Farley       7/12

1880 United States Federal Census about Clay Farley
Name:       Clay Farley
Home in 1880:       Martin, Kentucky
Age:       59
Estimated birth year:       abt 1821
Birthplace:       West Virginia
Relation to Head of Household:       Self (Head)
Spouse's name:       Mary
Father's birthplace:       Virginia
Mother's birthplace:       West Virginia
Neighbors:       View others on page
Occupation:       Farmer
Marital Status:       Married
Race:       White
Gender:       Male
Household Members:       
Name       Age
Clay Farley       59
Mary Farley       51
James T. Farley       21
Emesiah Farley       18
Thomas Farley       14
Bertran Farley       10

Kentucky Census, 1810-90
Name: Clay Farley
State: KY
County: Martin County
Township: Warfield
Year: 1890
Page: 099
Database: KY 1890 Veterans Schedule

1890 Veterans Schedules
Veteran's Name: Clay Farley
Home in 1890: Warfield, Martin, Kentucky
Year enlisted: 1863
Year discharged: 1865
Rank: Private
Company: I
Regiment or vessel: KY Infantry
Length of Service:       Nov 1863 - Sept 1865

American Civil War Soldiers about Clay Farley
Name: Clay Farley
Enlistment Date: 31 Aug 1863
Enlistment Place: Louisa, Kentucky
Side Served: Union
State Served: Kentucky
Service Record: Enlisted as a Private on 31 August 1863.
Enlisted in Company I, 39th Infantry Regiment Kentucky on 30 Oct 1863.
Mustered Out Company I, 39th Infantry Regiment Kentucky on 15 Sep 1865 at Louisville, KY.
Sources:       78

List of Pensioners on the Roll January 1, 1883, Vols 1-5
Martin County, Kentucky
Certificate Number 178,539 Clay Farley
Post Office; Inez
Cause for pension: frostbite of r leg & foot
Monthly Rate: $8.00

U.S. Civil War Soldier Records and Profiles about Clay Farley
Name:       Clay Farley
Enlistment Date:       31 Aug 1863
Rank at enlistment:       Private
Enlistment Place:       Louisa, KY
State Served:       Kentucky
Survived the War?:       Yes
Service Record:       Enlisted in Company I, Kentucky 39th Infantry Regiment on 30 Oct 1863.
Mustered out on 15 Sep 1865 at Louisville, KY.
Sources:       Report of the Adjutant General of the State of Kentucky

U.S. Civil War Soldiers, 1861-1865
Name: Clay Farley
Side: Union
Regiment State/Origin: Kentucky
Regiment Name: 39 Kentucky Infantry.
Regiment Name Expanded:       39th Regiment, Kentucky Infantry
Company: I
Rank In:       Private
Rank In Expanded:       Private
Rank Out: Private
Rank Out Expanded: Private
Film Number: M386 roll 9

THE UNION REGIMENTS OF KENTUCKY

39th Kentucky Infantry Company " I."

CAPTAINS—Joseph M. Kirk, Benjamin A. Rodgers.

1st LIEUTS.— William Hagerman, John p. Relnhart.

2d LIEUTS.—Charles Helton, Simeon L. Payne.

SERGTS.—James D. Kirk, John H. Gates, Calvin Harrison, Joseph A. Dempeey, Sampson Meade, Richard Elswlck. CORPORALS—Rlceley Roberts, John B. Hurley. William Hagerman, Daniel Workman, David Jackson, James Moore, William Lockard, Daniel Christian, Elijah Hensley.

MUSICIANS—John Marcum, Elihue Wiley.

PRIVATES—AH Aldrldge, Sr., All Aldrldge, Jr., Owen Adklns, Henry Adklns, William H. Alklns, Moses Burget; Guy Bandy, Enoch Cassada, John Collins, Jacob Clime, Alexander ChlHers. James R. Crisp, Lewis Desklns, John Davis, Henry Davis. Benjamin Davis, Sr., Benj. Davis, Jr., Jeremiah Davis, Morgan Davis, Squire Davis, Cumins Dale, John Elswlck, William Elswick, Clay Farley, Isaiah Gibson, Alexander Hall, James Hall, Hiram Hall, William Hall, Elijah Hall,-John Hagerman, Samuel Indicut, William A. Justice, Daniel J. Lackey, William T. Mainard, Mark Malnard, Jacob Messer, Charles May, Henderson May, David C. May, Archibald Muncey, William Muncey, Thomas Marcum, David Mounts, Wm. Masslngale, George W. MoLaln, Reuben P. Martin, Milton Nelson, David Norris, David L. Payne, William Pasley, Malichi Pucket, Leander J. Pack, George W. Payne, William Payne, John D. Payne, Samuel Pasley, Ellas Prlvett, Hereford Runion, Alexander Runion, Soulsbury Runion, Peter Rakes, Arqulllls Rowe, Richard Rakes, John Ross, Frederick Stiltmer, William Stewart, Andrew J. Spencer. Napoleon Slater, Simeon Sloane, Zachariah T. Sanders, Shadrack T. Upchurch, Nicholas D. Vandever, David White, Sylvester White, John White, John Watson, Amos Walllce, Frederick Wolford, John Tales, Isham Hall, Daniel Harman, Amerlcus D. Horn, Adam Runlon, B. Rowe, Fleming Hall, William Kendrick, Preston Roberts, John Grant, Jno. W. Moore, Jesse Adkins, George W. Charles, Adam Davis, Michael Daniels, Henry Davis, Sr., James Jewell, William A. Lackey, Thomas Muncey. James Mounce, Lewis Payne, John Payne, Uriah Runlon, Richard Roberts, E. Stafford, Henry Stump. Leroy B. Slpples, William Stacey. Edward White, James White, P. White, William Yates. P. J. Blankenshlp, Abner Chaney, Jonathan Chaney, Hugh Vhambers, Irving Foster, Fleming Hurley, Asbury Hurley, Hiram Helton, Samuel Justice, Gllmore Justice, Thomas J. Kendrick, Abner Luster, Harrison Mounce, Michael Mounce, Elijah Mounce, William P. Powers, James S. Ridner, Morgan Sloane, Thomas Thacker, John Tucker.

-------------------------------------------------------------------------------------- ------------------------------

39th Regiment Infantry

Organized at Peach Orchard, Ky., November 18, 1862, and mustered in February 16, 1863. Attached to District of Eastern Kentucky, Dept. of Ohio, to June, 1863. 1st Brigade, 4th Division, 23rd Army Corps, Dept. of Ohio, to August, 1863. District of Eastern Kentucky, 1st Division, 23rd Army Corps, to April, 1864. 1st Brigade, 1st Division, District of Kentucky, 5th Division, 23rd Army Corps, to July, 1864. 3rd Brigade, 1st Division, District of Kentucky, to December, 1864. Louisa (Ky.) District and Dept. of Kentucky, to September, 1865.

SERVICE.--Action near Piketon, Ky., November 5, 1862. Wireman's Shoals, Big Sandy River, December 4. Skirmishes in Floyd County December 4 and near Prestonburg December 4-5. Near Prestonburg December 31. Near Louisa, Ky., March 25-26, 1863. Piketon April 13 and 15. Beaver Creek, Floyd County, June 27. Mouth of Coal Run, Pike County, July 2. Expedition from Beaver Creek into Southwest Virginia July 3-11. Pond Creek July 6. Clark's Neck and Carter County August 27. Marrowbone Creek September 22. Terman's Ferry January 9, 1864. Laurel Creek, W. Va., February 12. Operations in Eastern Kentucky March 28-April 16. Forks of Beaver March 31. Brushy Creek April 7. Paintsville April 13. Half Mountain, Magoffin County, April 14. Saylersville April 16. Expedition from Louisa to Rockhouse Creek May 9-13 (Co. "B"). Pond Creek, Pike County, May 16. Pike County May 18. Operations against Morgan May 31-June 20. Mt. Sterling June 9. Cynthiana June 12. Burbridge's Expedition into Southwest Virginia September 20-October 17. Saltsville October 2. Stoneman's Expedition Into Southwest Virginia December 10-29. Bristol, Tenn., December 13. Arlington, Va., December 15. Near Marlon, Va., December 17-18. Saltsville, Va., December 20-21. Capture and destruction of salt works. Duty in the Sandy Valley and in Eastern Kentucky guarding and protecting the country until September, 1865. Mustered out September 15, 1865.

Regiment lost during service 3 Officers and 24 Enlisted men killed and mortally wounded and 3 Officers and 194 Enlisted men by disease. Total 234.

JOHNS v. FARLEY et al.' (Court of Appeals of Kentucky. May 19, 1894.)

Quiktixo Title—Evidence — Limitation Of AcTions.

1. In an action to quiet title, evldem-e admitted on behalf of plaintiff is not rendered incompetent by his subsequent death, and liie substitution of his successors in title as plaintiffs.

2. An action to correct the description in a deed given more than 30 years previously, and to quiet title to the land not intended ? be conveyed, is not barred by limitations, whwe plaintiff proves adverse possession, for the statutory period, of the land claimed by him.

Appeal from circuit court, Martin county.

"Not to be officially reported."

Action by Thompson Farley and others against M. H. Johns. From a judgment for plaintiffs, defendant appeals. Affirmed.

Stewart & Stewart, for appellant. Alexander Lackey, for appellees.

HAZELIIIGG, J. Clay Farley was the owner of 500 acres of land situated on the waters of Wolfe creek, In Lawrence county, and in June, 1860, executed a deed to John Burgett, in which the description of the land conveyed is as follows: "The following tract or parcel of land, lying and being in the county of Lawrence and state of Kentucky, and on the White Oak fork of Emily's fork of Wolfe creek: Beginning at the mouth of the Lower Goodwin Cabin branch, and Including all the land of the 500-acre survey made by Benjamin Maynard, and now deeded to Clay Farley, from the mouth of the Lower Goodwin Cabin branch to the beginning, to have," etc. In this action, brought to quiet his title and correct the deed, If it may be construed as embracing the whole of the 500 acres, he avers that he sold to one Herman one-half only of the tract, and retained the other half, and has In fact occupied it ever since; that at the direction of Harman, who had sold his half to Burgett, he (Farley) made the deed directly to Burgett, and by mistake of the draughtsman the description was written In the ambiguous form indicated; but that he and Harman had agreed on a line dividing the tract into nearly equal parts, beginning at the mouth of the Lower Goodwin Cabin branch, which was near the center of the 500-acre survey, and running In opposite directions to the back lines of the survey, thus dividing the tract into two parts of about equal size. The appellant, Johns, who Is the vendee of Burgett, denied that there was any mistake in the deed, or that Farley had retained one-half the land; alleged that it included the wh'ole tract, that he was an innocent purchaser, and also pleaded the statute of limitation in bar of the action. He also set up that Farley, In 1874, had conveyed the land to Thompson, James ?., Emmn. Thomas, and Bertram Farley, and hence had no Interest In the subject-matter of the litigation. The plaintiff concluded the Issues by a reply, and Thompson Farley and the others mentioned came into the action, claiming to be the owners in remainder under the deed from their father, of 1874, set up by the defendant. Afterwards, Farley, the original plaintiff, died, and the case was tried out between Thompson and the other Farley heirs and the appellant, Johns.

The testimony of the parties to the original transaction abundantly sustains the contention of the Farleys, and shows, moreover, that the appellant knew of the adverse holding and occupancy of Clay Farley In and to his portion of the land, which continued uninterruptedly for some 30 years, and in fact had himself bought timber from Clay Farley from off the land he was now setting up a claim to. This purchase was evidenced by a written contract in 1883, and is copied Into the opinion of this court in Vinson v. McAlpin, 87 Ky. 357, 8 S. W. 872, and 9 S. W. 1C5. Harman, the vendee of Clay Farley, is dead; but his widow, as well as his son, prove the case for the appellees beyond dispute. The concluslveness of this proof Is not, and cannot be, questioned by counsel for the appellant; but it is claimed to be incompetent, because taken while Clay Farley alone was plaintiff. It Is not contended that the testimony was incompetent when taken, and we think It remained so when the remaindermen were the parties left as the successors and representatives of the original plaintiff.

As to the plea of the statute of limitations, It may be admitted that, If the action were one solely to correct a mistake in the deed of 1860, It would be long since barred. Recent discovery of the mistake would not stop ¡ts running, as In no event could an action be brought to correct It after 10 years from the happening of the mistake; but the real question is, what in fact does the deed convoy? Literally, nothing. All the 500-acre Maynard survey, "from the mouth of the Lower Goodwin Cabin branch to the beginning," when the "beginning" in the deed, though not the beginning point of the patent, was at the mouth of the same creek, gives us no idea of what Is meant, though we readily infer the whole tract was not Intended to be conveyed, but only the part up or down "from the mouth of the Goodwin Cabin branch." The Issue presented on the pleadings was the location of the boundary lines of the lands claimed by the parties, and the action to settle such question Is unaffected by the statute. The chancellor settled the disputed lines In accordance with the contention of the appellees, and the judgment is affirmed.


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