Chancery Suit – Thomas P. Preas against Mahala Preas
Filed 29 June 1887 – Dismissed 9 December 1887
On 29 June 1887, Thomas P. Preas brought on this Suit with a claim of ownership of land consisting of 146 acres and occupied by Mahala Preas, (wife of deceased husband, Joseph Preas Jr.). Thomas P. Preas says that he had completed payment of the land in the year 1877, but the deed was never issued. That is, it was never issued until he filed an earlier suit that gave him title on 21 June 1887, (just 8 days before this suit was filed). He claims, in this Suit, that he has “been entitled to the entire and absolute control and management of said land from the said 12th Sept 1877 as fully and completely as if said deed had been executed at the time”.
Thomas P. Preas states that Mahala Preas has been living on the land “merely by the sufferance of your orator” and that she never paid rent, was permitted to remain on the land free of charge because she had no home. Thomas P. Preas also states that for several years she had attempted to control the land as if she were the rightful owner and that Mahala and Joel Lawhorn have cut down large amounts of timber that was being hauled to Barker’s Mill, a neighboring saw-mill for “marketable & other lumber”.
Thomas P. Preas claims that Mahala has no title of any kind to the land, nor the right to cut or use the timber and “if permitted longer but utterly lay waste & ruin of said land”. He then requests that an “Injunction” be issued against Mahala Preas, Joel Lawhorn, and the saw-mill (pertaining to the lumber cut from Mahala’s land), that all activities be stopped until this Chancery Suit was settled.
On 29 June 1887, the Court granted the injunction to “restrain and inhibit the defendant Mahala Preas and Joel Lawhorn….from removing or attempting to remove from said land any timber or wood for any purpose whatsoever”. But the Court also stated that the injunction would not go into effect until Thomas P. Preas entered a bond with good security to the Clerk of the Circuit Court of Bedford County in the penalty of $150.00 “conditioned to pay all damages & costs that may be awarded in case this injunction should be dissolved.”
On 7 July 1887, and submitted to the Court Session of August 1887, Mahala issued her answer to the claims of Thomas P. Preas and also entered a “crossbill” stating that she owned the land.
Mahala claims that Thomas P. Preas was not the purchaser of her land at the sale and that he never paid one dollar, nor was he entitled to the land in any way. At the time of the sale, she, Mahala Preas, was the highest bidder when William H. Preas, (Thomas P. Preas’ father) sold it and she bid one dollar & fifty cents per acre. The following is from those papers:
“That she complied with the terms of sale by paying the cash payment, and executing her bonds for deferred payments, that at various times the said Wm. H. Preas made collections of the purchase money of this respondent, until the whole thereof was paid by respondent. And respondent was induce to believe that said Preas had reported her purchase and payments, and that her title to said land, or at least her right to the same was secure. Respondent admits that since the day of said sale she has been in uninterrupted possession of said land, asserting and exercising every right of absolute ownership that she has paid the taxes on the same – that no claim or title to or interest in said land has been made by said complainant until recently – that in fact said complainant had (continued on Pg. 19) no knowledge of the fact that he had been reported or the purchaser of said land until recently, and was as much surprised as was respondent when informed that the report of the commissioner of the court in Preas Vs Preas showed that he was the purchaser and entitled to a conveyance of title.”
Mahala goes on to accuse William H. Preas of fraudulently reporting to the court in favor of his son, Thomas P. Preas “with design to defraud (her), or her heirs after her death of said land.” She requested that the deed given to Thomas P. Preas be voided and the Court give a proper deed to her.
I am going to be a bit out of order here but for the sake of keeping continuity I will show Thomas P. Preas’ response to this crossbill now, though it was not given until November of 1887.
On 30 November 1887, Thomas P. Preas responded to Mahala Preas’ crossbill in this way:
“That his father Wm. H. Preas was
appointed by decree of the court in the Chancery suit of Preas V Preas &c to
make sale of the tract of land claimed by this respondent in his bill of
complaint, lately filed in the Court against said Mahala Preas.
That by virtue of his powers as such commissioner he did on the 10th
day of October 1870, offer said land for sale by way of public auction to the
highest bidder – that at said sale the said Mahala Preas, became the highest
bidder at the price of $1.50 per acre but the said Mahala Preas failing to
comply with the terms of sale by giving the security required by said
commissioner said sale was not consummated.
That thereupon said commissioner offered to sell said land to this
respondent for the price bid, and this respondent accepted it & became the
purchaser of said land.
This respondent admits that he did not execute his
bond at the time nor afterwards, for the reason that his father the commissioner
was largely indebted to him and it was then & there agreed & understood
that said sale should be refuted [refilled?] and confirmed to this respondent. He will further appear by the record of said suit of Preas Vs
Preas &c, pending in the court that said sale was reported by said
commissioner to this respondent & was confirmed by said court.
That subsequently the said Wm. H. Preas, the duly authorized Receiver of
said court, made his report showing that this respondent had completed the
payment of the purchase money & was entitled to a conveyance of said
property, that thereupon the court instructed L.A. Sale as the Commissioner to
convey said property to said respondent.
This respondent knows nothing of the pretended
purchase of said land by said Mahala Preas or of any payments made by her to W.H.
Preas, Receiver commissioned and he respectfully submits that it is no concern
of his what payments she may have made to said W.H. Preas after this respondent
had purchased said land from the agent of the Court, & especially after said
purchase had been recognized and confirmed by said court.
He emphatically denies that there was any collusion between him and his father or any design on the part of said land. That if there was any such design on the part of said W.H. Preas, this respondent knows nothing of it and eve if there was such design on the part of W.H. Preas it could in no wise effect an innocent purchaser.”
On 18 July 1887, Mahala Preas and her lawyer began taking depositions from a variety of people. I am going to include them in their entirety for the sake of any family members that might be interested. I for one found them fascinating.
First – Deposition of George H. Preas:
George H. Preas, being sworn deposes as follows: Question for Defendant
Quest. State if you were present at a sale made by Wm. H. Preas Commissioner on the 18 Oct. 1874, of land in Bedford County on which
one Mahala Preas lives & if so, state who purchased the land and what occurred at the sale.
Ans. I was present at the sale 18th Oct. 1870. My mother Mahala L. Preas purchased the land; I couldn’t tell all that occurred. She gave her
bond, she signed it there that day. That is about the amount of what occurred.
Quest. Who has occupied the land & used it since the sale?
Ans. My mother, Mahala L. Preas.
Quest. State any conversation you may have had with Thos. P. Preas as to the land.What he said about it & where the conversation was had.
Ans. I had no conversation with Thomas P. Preas.
Quest. Was he present the day of the sale?
Ans. No, Sir. If he was I never saw him.
*********Cross-Examined*********
1st question by Plaintiffs Counsel
Ques. You state that your Mother Mahla L. Preas gave her bonds. How do you know this & did she tell you or did you see her sign the bonds?
Ans. I was present and saw her sign them.
Quest. Do you know whether the bonds were finally accepted by W.H. Preas, or were they signed by Mrs. Preas & kept by Preas until
security & cash payment was made?
Ans. I do not know.
Quest. Did you see the bonds yourself & can you state positively of your own knowledge that the bonds signed were given for the purchase
money of the tract of land now claimed by Thos. P. Preas?
Ans. They were drawn up there, I cannot read writing myself, but Mr. Newsom read them in my hearing and my mother Mahala F. Preas
signed them, and they were given for the purchase money for the same tract of land now claimed by Thos. P. Preas.
And further this desponent sayeht not. Signed Georg H. “X” Preas – witness R.R. Lunsford
Second – Deposition of John O. Foutz
Another witness John O Foutz being sworn testifies as follows: 1st questions for defft –
Quest. State if you were present at a sale of the land on which Mrs. Mahala Preas lives in Bedford County by Wm. H. Preas, as commsr,
on the 15th Oct 1870 – and if so, who bought the land?
Ans. I was present on the day of sale, Mahala Preas bought the land.
Quest. Was Thomas P. Preas present at the sale?
Ans. I have no knowledge of Thos. P. Preas being present. If he was there I did not see him.
********Cross-examined**********
1st question by Plaintiffs counsel –
Ques. You say that you have no knowledge that Thos. P. Preas was present at the sale. Do you undertake to say positively that he
was not present?
Ans. I do not say positively that he was not there, but I did not see him.
Ques. Please state who were the bidders at the sale?
Ans. The only persons that I heard bidding were Jessie Howell and Mahala Preas, and Mahala Preas was the last bidder.
Ques. At what price was the land [bid?] out?
Ans. At one Dollar and a half an acre.
And further this deponent sayeth not. John A. Foutz
Third – Deposition of Harvey J. Thornhill
Harvey J. Thornhill being sworn, deposes as follows: 1st question by counsel for deft.
Ques. State if you were present at a sale of the land on which the defendant, Mahala L. Preas, lives in Bedford County, made by Wm. H. Preas as commsr of the court, & if so, who bought the land?
Ans. I was present at the sale and Mrs. Mahala Preas bought the land.
Quest. Was Thos. P. Preas at the sale?
Ans. No Sir, he was not.
Quest. Have you heard him say anything about the sale of this land? And if so, when & where, and what did he say?
Ans. He asked me some questions about the land, but I cannot tell when it was, I having nothing to refer to by which to fix dates, he asked me if I knew anything about how the land was situated. He said to me that if you know anything about how the land was situated he wished I would tell him for he did not know anything about it. Mr. John M. Jeter heard what he said to me.
Quest. Who has occupied and used the land since the sale?
Ans. Mrs. Mahala L. Preas.
**********Cross-Examined***********
1st question by plaintiffs counsel
Ques. State as near as you can when the conversation between you and Thos. P. Preas about mentioned took place. State where it was & state all the persons present.
Ans. I would say it was about three years ago, to the best of my knowledge. It was at John M. Jeter’s Mill. John M. Jeter was present and several other persons, I do not remember who.
Quest. You say that Thos. P. Preas asked you if you knew how the land was situated, did he say anything else?
Ans. He said that if I knew anything about it, he wished that I would tell him, for he said that he knew nothing about how it was situated.
Quest. Did you under take to tell him how the land was situated?
Ans. I did not particularly.
Quest. You say that Thos. P. Preas was not at the sale. The land was sold about seventeen years ago. Can you now undertake to say positively all the persons present at the sale?
Ans. No, sir. I could not positively.
Ques. Then you do not under take to say positively that Thos. P. Preas was not present at the sale?
Ans. Yes, I undertake to say positively that he was not there. I was there soon in the morning, and stayed there all day until after the sale was over, and if Thos. P. Preas was there he was invisible. I remember of several persons who were there, but cannot tell of everyone who was there, but I know that Thos. P. Preas was not there.
Ques. What relation are you to Mrs. Mahala L. Preas?
Ans. Not a bit in the world. I married her daughter.
And further this Deponent sayeth not. H.J. Thornhill
Fourth – Deposition of Joel R. Preas
Joel R. Preas being sworn deposes as follows:
Quest. State if you were present at the sale of the land on which your mother Mahala L. Preas lives, made by Wm. H. Preas, as commsr, and if so who bought the land?
Ans. I was there and Mahala L. Preas bought the land.
Quest. State if you know of any payments made by her on the land to Wm. H. Preas, and if so, how much was paid & what occurred at the time of payment.
Ans. Yes sir, she paid him twenty dollars in my presence and the presence of John M. Wright, and Cousin William told her that she must pay him five dollars more and then he would giver her a receipt.
*****And further this Deponent sayeth not - Joel R. “X” Preas ---- Witness R.R. Lunsford
Fifth – Deposition of John M. Jeter
John M. Jeter being sworn deposes as follows: Question for Deft:
Quest. State if you heard any conversation between Thos P. Preas and H. Thornhill about the land on which the Mahala L. Preas lives – if so, when & where it was, and what was said by Thos. L. Preas.
Ans. I heard a conversation between them about the land, it has been three or four years. I do not recollect the time exactly, it was at my mill, and Preas asked Mr. Thornhill if he knew anything about the land, and said if he did he would not - that is about the amount of the conversation that I heard.
Quest. State if you heard Wm. H. Preas say anything about the land, in his lifetime and if so what was it?
********(objected to by plaintiff counsel – unless it appears that Thos. P. Preas was present when the statement of W.H. Preas was made.)*********
Ans. The land joins me and William H. Preas in life time proposed to sell me a corner off of it, he said by the consent of Mrs. Mahala L. Preas, he would sell it. He supposed it would be about ten acres of it. He said he would sell it for thirty dollars, and that would about satisfy her bond or bonds – I do not remember which.
********Counsel for plaintiffs objects to foregoing answer upon the ground, that the statements of W.H. Preas made after the sale cannot affect the rights of Thos. P. Preas.******
********Cross-examined********
1st question by plaintiffs counsel.
Quest. Your [stab?] in answer to 1st question by defendants counsel that Thos. P. Preas asked Thornhill if he knows anything about the land
for he Preas did not. Was anything he said at the time by Thos P. Preas, if so state all that was said. (**Note – the guy who was transcribing this seemed to have had trouble keeping up with the question … it makes no sense.)
Ans. That is about the amount that I heard.
***And further this Deponent sayeth not. J.M. Jeter
Sixth – Deposition of James R. Foutz
J. R. Foutz being sworn says----1st quest for Deft.
Quest. Were you present at a sale of the land on which Mrs. Mahala L. Preas lives, made by Wm. H. Preas as commsr, if so please state who was the purchaser of the land at that sale.
Ans. Yes, I was present, and Mrs. Mahala Preas was the purchaser.
Quest. Was Thos. P. Preas at the sale?
Ans. If he was present I did not see him.
Quest. Since the sale, who has exercised rights of ownership of said land?
Ans. Mrs. Mahala Preas, as far as I know. I live right close by and she has been doing as she pleased with it as far as I know.
**********Cross-examined*************
1st Question by pltif
Quest. Might not Thos. P. Preas have been at the sale without you seeing him?
Ans. I don’t know, if he was there I did not see him, and I don’t suppose he would have kept himself concealed all the time. I suppose if he had been there I would have been to have heard something about it.
Quest. Are you related or connected with Mrs. Mahala Preas?
Ans. No sir. No relation, and not connected
James R. Fouts
*********and further this deponent sayeth not.***********
Seventh – Deposition of Mahala Preas
Mrs. Mahala L. Preas being sworn deposes as follows.
*********The counsel for plaintiff objects to the deposition of Mrs. Mahala L. Preas upon the ground that she is not a competent witness in this case, Wm. H. Preas one of the original parties to the contract being dead.
1st Question by counsel for deft.
Quest. Please state how you came entitled to possession of the land on which you live.
Ans. It was hosted at Public Auction I bid for it. I bid one dollar per acre and Major Howell bid one dollar and a quarter, I then bid one dollar and a half and it was knocked out. We then eat dinner, David Newsom and Wm. H. Preas eat dinner with me, and after dinner Wm. H. Preas said we must fix up the bonds, David Newsom wrote the bonds and I signed them, I offered him John H. Preas for security, he said that he was in a hurry and would be back in a few days to collect the cash payment, and then we would fix the security, he came back again in a few days and I paid him a part of the cash payment, afterwards I paid him the balance of the cash payment and he gave me a receipt for it (which is herewith filed as exhibit no. one) I also made other payments for which I also file receipts marked no. [TUP?]. I think in 1874 I paid him twenty dollars for which I have no receipt, in Dec. 1876 I gave him an order of S.G. Stewart for twenty five 50/100 dollars, I think it was in 1877 I gave him an order on S.E. Stewart for about fifty dollars – the proceeds of a crop of tobacco. And after that I objected to paying him any more money until he produced the bonds, I having at one time paid him some money on the road – and I wanted to know how we stood.
Quest. Did Thos. P. Preas even make claim to said land, if so where & what did he say?
Ans. About twelve months ago he came up and asked me something about the land, and asked me where it was sold at, and afterwards he came back and said that his father bought the land for him. I asked him where my bonds were, that his father said nothing about it on the day of sale. And he, Thomas P. Preas, said there was none against me, and came back in a short time again and wanted one to buy or rent from him, and I told him that I had bought once and about paid for it, and if they would bring the bonds I [recovered?] that I could pay them off, and I did not propose to buy anymore or rent and more.
Quest. Who has been using the land since the day of sale & paying taxes on it?
Ans. I have
Quest. Was any proposition made to you in the life time of Wm. H. Preas to sell any part of the land to Mr. Jeter – if so, what was it?
Ans. I made some proposition myself – I told Wm. H. Preas that there was more land than I wanted, and Mr. Jeter wanted to buy it. I told him to sell it to Jeter and bring my bonds and we would settle up, and I thought that would about square us up.
************Cross-examined*********8
1st question by plaintiffs counsel
Quest. After the sale of the land, did you not agree with Wm. H. Preas or his son, Thos. P. Preas, to remain in possession of said land & pay a yearly rent for the same?
Ans. No. I never heard a thing of it, until the time mentioned in my statement.
Quest. You state that you paid W. H. Preas at different times $20 or $30 & other sums but took no receipt. Why is it that you took no receipt? Why is it that you took receipt for some payment & not for others?
Ans. Well, he was there and handy and gave me receipts, and at other times said he would give me credit on the bonds. I sometimes met him in the road and at other places when it was not convenient to give receipt.
Quest. Did you ever demand your bonds of W.H. Preas as you paid them off? How many bonds were there & how much the amount of each bond & how payable?
Ans. There were two bonds, I think they were about ninety seven dollars each. They did not reach one hundred dollars and payable in one & two years. The cash payment was twenty five dollars. I did not demand my bonds until I thought I had about paid them off, that was about the time Mr. Jeter was talking about buying part of the land.
Quest. Have you completed the payment of the purchase, if so why have (should be ‘haven’t’) you demanded a deed to the land?
Ans. Well I did not have my bonds and I did not know whether they were fully paid off or not.
Quest. Isn’t it a fact that you never made any claim to this land until after the death of Wm. Preas?
Ans. No it is not a fact, I have claimed the land ever since I bought it.
********And further this Deponent sayeth not****** Mahala L. Preas
State of Virginia, County of Roanoke, to
wit: The foregoing Deposition of
George H. Preas, John O. Foutz, Harvey J. Thornhill, Joel R. Preas, John M.
Jeter, J.R. Foutz, and Mrs. Mahala L. Preas were taken and subscribed before me
this 16th day of July 1887. R.R.
Lunsford – Notary Public for Roanoke Co., Va.
The following deposition was taken and filed 20 October 1887.
Eighth – Deposition of Henry T. Cunningham
Henry T. Cunningham, a witness of lawful age being sworn in deposes as follows: Question by counsel for defendant –
Quest. Please state if you heard any conversation between Wm. H. Preas in his life time & Mrs. Mahala
Preas as to the land on which the [lolterthar?] liven & if so, what was said to him it was?
Ans. Yes sir, I happened to be there at Mrs. Mahala Preas’ at a log rolling, and Mr. Wm. H Preas came
Riding up, and said: “Cousin Mahala, I am very glad you have cleared this piece of land: I think this Piece of land, that your part of the tobacco growing on it, will pay your part for your home. What is due on your home is between thirty and forty dollars, and I will give you your bonds, or a clear receipt against these bonds.” This was either in the spring of 1877 or 1878, I can’t be positive which, as I never expected to be asked about it.
****Counsel for plaintiff objects to above – [Evection?} & answer upon the ground that no statement of Wm. H. Preas nor any conversation between him & Mahala Preas, not made in the presence of Thos. P. Preas, can prejudice the rights of said Thos. P. Preas, and because the same is otherwise illegal.
*******Cross-examined********
1st Question by same
Quest. Who was present when this conversation took place?
Ans. Mrs. Mahala Preas, Mr. Wm. Preas & myself.
Quest. Any one else?
Ans. There was no one else that I remember.
Quest. Who cleared the land that you speak of at the log rolling?
Ans. Mrs. Mahala Preas’ son-in-law, Buck Trent.
Quest. Did not John Preas clear the land? Was not he tending the land at the time you speak of?
Ans. No, Sir.
Quest. Was not all the tobacco raised on the place destroyed by fire? Did any of it go toward paying the purchase money due on the land?
Ans. I could not tell you about any of it going towards the payment of the land; none of it was Destroyed by fire.
H.T. “X” Cunningham Witness, Saml. H. Quarles