The Mitchel-Bushong vs Breedlove Suit, 1827
The Court of Common Pleas, September Term, Chillicothe, Ross County, Ohio
Bushong Bulletin, Volume 1, Number 2, beginning page 3, transcribed by Margie Parsons

John Mitchell Et Al vs: Baylies Breedlove Pleas held at the Courthouse in the Town of Chillicothe for the County of Ross before the ... Gustavus Swan President and James Mc--- Presley Morris and John Bailliache Esquires and Judges of the Court of Common Pleas in and for County aforesaid on Saturday the 13th of October in the year of our Lord 1827.... Be it remembered that heretofore to Wit the 17th day of April in the year of our Lord 1825[sic must be 1826 since John died in 1825] John Mitchell et al of Richard Douglas Esqr filed their ....bill in chancery against Baylies Breedlove which said bill reads in Words and figures following to wit: "To Honorable the judges of Court of Common Pleas in and for Ross County (this) in chancery ....your orators John Mitchell and Sally his wife and Jacob Bushong and Jemima and Delilah Bushong children and heirs of James Bushong dec'd, infants.... by the said John Mitchell their next friend humbly complain Here unto your honors That John Bushong late of this county dec'd in his lifetime and previous to and since November 1822 was seized in fee of the following tract of land With the appurtenances lying in County bounded and described as follows, to Wit:

Beginning at ... sycamores All that tract or parcel of land lying and being in the county of Ross and State aforesaid, being part of Scott's survey Beginning at four sycamores at the mouth of Patton's run running S55 {degrees} W72 poles to a sugar tree, Thence South 66 degrees 166 poles to a white oak thence 59 1/2 W 64 poles to a white oak, thence North 11 degrees E 84 poles to a hickory, thence N65 degrees E 108 poles to a hickory, thence S51 degrees E 38 poles to a dogwood thence 70 degrees E 42 poles to a white oak thence 33 degrees East 61 poles to a sugar tree, thence in a direct line to the Scioto River thence with the meander of the river to the place of Beginning (1 rod = 16.5 feet)

That the wife of the said John Bushong and the mother and grandmother of your orator and others herein after mentioned have departed this life and .... the said John being old and infirm was pirated and drawn ...into intimacy with one Elizabeth Breedlove and .....and ...ating [calculating] Widow and mother of Baylies Breedlove the person whom your orator names defendant to this bill and accordingly after herself and children having writing fully.... everything she owed from the ownership or control of the said John on or about the 11 of November 1822 the marriage was Solemnized as by the record thereof in County ....ning fully appear Your orator States to your honors that shortly after said marriage said Elizabeth with her family came to reside upon the land aforesaid it being Homestead farm of the said John, and the said Baylies Breedlove and other... were thence thus and thereabouts from a very short time after the Breedlove coming upon the farm the design of the marriage and the object of their coming appeared ...to the Children heirs of said John they saw with regret that the said Elizabeth and sons were gaining an undue influence over their father and could but surmise, has since been made manifest, that the only Design was to wrest the farm and other Property from the old man and if possible instead of breeding love to breed hatred malice and ill will between him and his own children when considering that...children together with their dear ,mother (since no more) had labored and toiled to give this farm those circumstances could not fail to swell their hearts with the poignant grief your orator further states to your honors that their said father ...man John Bushong was never considered a man of Great talents but an honest frugal man and for many years one among the most respectable citizens of Ross County he had long ago by his own industry and that of his first wife and family... procured the above farm which but the United labours .... since improved so much that it now contains one among the oldest and most valuable ...apple orchards in the County as is worth even in these hard times at least three thousand five hundred dollars. The Said John was ever a very particular man about being in debt and nothing seemed to create a greater ...in his mind than having even a small debt against him. Some time before the last marriage in buying land for the settlement of two of his sons John and James he became indebted to one Duncan McArthur some few hundred dollars and for some time afterward after his marriage and his acquaintance with the Breedloves about 160 dollars of his debt remained unpaid which together with about 40 dollars due one Wm. ----- is all debts of any consideration which your orators know against him or believed to be owed at the time. But then it was may it please your Honors the old mans mind in addition to its natural tendency being at the time very much enfeebled by age and sickness and ....affrighted at a suit about to be brought against him by McArthur for that debt: the very designing and artful Baylies Breedlove taking advantage of these circumstances to carry his designs into effect with the influence of his mother scared & affrightened the old man to believe he was most deeply in debt and from which he could not in his old age by any possibility extricate himself that McArthur would .... ever thing from him for that enormous debt of 160 dollars...the said Baylies by going security for him to McArthur could get the suit stopped and gain time for the payment and he could further watch the course of his other debts and to secure from troubles and indemnify him the said Baylies...and her children as well as the defendant ceased no to ...upon the old man that it was best (to use their ....)him to put his property into the hands of said Baylies and your orators charge that the said Baylies Breedlove combine conferating with his mother and others how to defraud John in his behalf, life and your orators his children and heirs since his decease out of all their property on or about the 8th day of October 1824 from the said John Bushong a conveyance p;purporting to be a deed with the general warranty for the said farm being the tract of land herein first described, your orators further carefully charge that other a consideration of 500 is ....in said deed that not one cent was then nor since has been paid thereof by said Baylies Breedlove but that the said Baylies Breedlove did go security for the said debt of 160 dollars or thereabouts and that this security is all the good or valuable consideration of any name or nature which then or at anytime was given had or moved for said conveyance of the said farm your orators justly state to your Honors that after said conveyance of said farm by the said ... his children expostulated with him suggesting to him if he had taken a rash step in thus conveying his whole farm upon so trifling a consideration to which he replied that Baylies would never ... them out of a cent that it was relieving him of trouble and ... that security debt was paid and that he had taken an instrument of defeesance from the said Baylies to allow reconvey the farm to him or his heirs or pay him or them the full value thereof as he or they might elect so soon as said security debt was settled or it as discovered that said Baylies would not suffer in consequence of it or in any other manner should receive the avails or an equivalent thereof and the said Baylies during the lifetime of the said John always professed his readiness and willingness to reconvey as aforesaid and never ...pretend that he should attempt said farm as his own in consequence of said conveyance but only as in reference to the matter aforesaid- You orators had thence well hoped and believed that the said Baylies Breedlove would not attempt to hold or claim a full and undefeasable estate in said farm but that he would hold the same as a faithful trustee for the use of the said John or his heirs as in equity and good conscience he was bound..to do. You orators further state that some time after the conveyance made as aforesaid, the said John Bushong, Nancy Young (wife of James Young), of age and your orator, Jacob Bushong, Jemima Bushong & Delilah Bushong, infants and children & Heirs of James Bushong son of John the Elder and then lately deceased that your orator John Mitchel for a valuable consideration since the decease of the ancestor has purchased all the right and title of tithe heirs John & George Bushong and James Young & Nancy his wife and has received full release in the law sufficient for the releasing and conveying to him all their right as heirs aforesaid in and to said premises... by said deed of release herewith exhibited and ready to be freely fully and at large appears so that the right in equity to said property now vest in your orators John & Sally Mitchell and the said infants, children of James Bushong dec'd, [all right to the estate of their] said Father. That the dec'd John Bushong the ancestor left ....personal property of great value (to wit) of the value of 600 dollars more than sufficient to discharge all the debts against his estate including the said 160 dollars that the said Baylies ...has received and taken of said property to a large (amount) of the value of 1810 dollars and has received etc etc. ....John Mitchell et al lost the case.

It was ordered adjudged and decreed by the Court that the complainant's pay to the defendant 39.84 his costs by him about his defence. Later John Mitchel sued Baylies Breedlove for slander and was awarded $1000 by the court.