James Alexander Colyer b. 1809 census records indicate born 1810 d. 1888 : Curtis / Colyer family of Somerset Kentucky

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Nickname	Alex
Birth	1809	census records indicate born 1810 [2, 4]
Gender	Male
Died	1888 [2, 4]
Person ID	I1042	John Colyer family of Somerset Ky
Last Modified	13 May 2023

Father	John Colyer, b. 20 Aug 1781, Henry County, VA , d. 18 Aug 1851, Ruth, Ky (reported somewhere from Typhoid fever)
Mother	Polly (Sinclair) St. Clair, b. Abt 1780, d. Abt 1815
Married	Abt 1807
Family ID	F8017	Group Sheet

Married	17 Mar 1834	Pulaski County, Kentucky
Last Modified	06 Jul 2012
Family ID	F07749	Group Sheet

Family 2 Lydia Sears, b. 26 May 1812, d. 1889

Married 17 Mar 1834 Pulaski Co., Kentucky [2, 3, 4]

Children

	1. Harriet Colyer, b. BET. 1834 - 1855
>	2. Charles Richard Colyer, b. 2 Feb 1836, Ruth, Kentucky , d. 18 Apr 1903
	3. John D. Colyer, b. 20 Dec 1851, d. 19 Oct 1871
	4. Nancy Colyer, b. 25 Jul 1838, Ruth, Ky , d. 28 Oct 1876
>	5. Louisa Jane Colyer, b. 21 Aug 1842, Ruth, Ky , d. 4 May 1931, Pulaski County, Ky
>	6. Mary (Polly) Anne Colyer, b. 30 Dec 1840, d. 4 May 1921, Pulaski County, Ky
	7. Harriet B. Colyer, b. 1848
	8. Hamil R. Colyer, b. 1850
>	9. Lindsey Robert (some say Randall) Colyer, b. 1843, d. 1930
>	10. Sarah Jane Colyer, b. 15 Jan 1841, d. 7 Aug 1887, Pulaski County, Ky

Last Modified 13 Aug 2016

Family ID F262 Group Sheet

Photos		1925 James Alexander Colyer/ Hughes cabin On Strawberry Rd, Ruth community, Somerset KY
		1900 circa James Alexander Colyer / Hughes cabin located on Strawberry rd, Ruth community, Somerset KY. Fellow with big ears was Andrew Alexander Colyer, farmer who had moved to Indiana, Illinois area. He loaned mortgage money to Alfred Hughes for the property.
		2024 James Alexander Colyer/ Hughes cabin strawberry rd

Documents		1886 Ruth Ky Warren Store ledger WARNING large 60 meg file: requires high speed: This ledger of the general store at what is now known as Ruth Ky was found in ceiling of old log home renovation 2012. The log house built by Henry Wagner in 1805, purchased by John Colyer 1842, then purchased by Andrew Warren 1865. Andrew's son, Mathew(born 1859), evidently ran store across the road from the house. The store later became in 1888 the first post office in the community at current day hwy 192 at Pitman Creek in Somerset Ky. The first post office in 1888 known as Juno....later became the post office/store was reopened by Rufe Ashurst in 1896 and he named it for his daughter Ruth Ky. Many area family names in ledger: Colyer, Warren, Richardson, Meece, Botkin, Allen, Sword. The first record I have found of Rufe Ashurst in the Pitman creek area was in 1893, he purchases the Alexander Colyer coal mine on Clay Hill Road from Alex's estate auction in 1893.
		1874 Pulaski County Property Tax Colyers Various Colyer property East Pulaski County Pitman Creek etc . Notice that Bluford(Buford) and Rebecca Colyer are next to the Haynes property that likely is current day Haynes Cemetery in Jugornot area of Pulaski County in Jugornot Hollow. Notice that on this 1874 list, it shows Charles Colyer (same as 1873 showing as John G Colyer which encourages my guess that his full name was Charles John Granade Colyer). Also note Alexander Colyer with about 500 acres that I guess is land currently all woods that is owned next to old Colyer/Warren Farm on Pitman Creek) later records shows next to Warren and Allen farm(current at Pitman creek and hwy 192) and next to Keeny property reflected on Civil War Map of Burnside this website.
		1875 Pulaski County Kentucky property tax Colyers shows James "Alexander" Colyer with property next to James Allen and Andrew Warren (the old John Colyer property per deed on this website) and Lindsey Colyer (evidently Lindsey Robert Colyer since next to in law Richardson)
		1875 Jugornot district of Pulaski County Ky property tax Shows Buford, William Memes Colyer, Alexander Colyer, Rebecca Colyer (Rebecca was Buford[Bluford] Colyer wife and next to Haynes. See Haynes cemetery in Jugornot Hollow section Pulaski County
		1893 James Alexander Colyer estate land dispute Ky Court of Appeals Heirs of Alexander Colyer in court of disposition of inherited land with John Hyden (married to Alex daughter Louisa Jane Colyer) party to suit against grandson James Walter Colyer and Alex Colyer son, Lindsey Colyer et al.
		Colyer Mill property deed 1868 Alex Colyer to Moses Keeney deed to old mill on Pitman Creek at Ruth, Ky. Civil War maps of General Burnside show it as Colyer's Mill. It may have been first owned constructed as early as 1805 era by Charles Colyer, Alex Colyer's uncle.
		Colyer's Mill deed 1890 Moses Keeney to Richmond S. (RS) Keeney Pitman Creek mill
		Colyer's mill on Pitman Creek deed 1891 Moses Keeney to RS Keeney This deed confirms by reference therein that the property is Colyer's Mill. This was shown on General Burnside's civil war map as Colyer's Mill.
		Colyer's Mill deed from RS Keeney to AW Hughes 1906 showing deed title chain from Alex Colyer all way to current Hughes family ownership. Mill on Pitman Creek in Ruth , Ky. See the deed in 1890 under James Walter Colyer, Alex's grandson, to RS Keeney of the Alex Colyer homeplace.
		Colyer's Mill deed 1960 Clarence Hughes to Robert Hughes This with other deeds on this site showing title chain from Colyer to Keeney to Hughes family, who is current owner in 2016 of mill on Pitman Creek, Ruth Ky.
		Deed Alex Colyer to Ned Modrell 1857 Alex Colyer transfers 275 Acres to Ned Modrell (a man of color) which later research reveals was a slave of Robert Modrell whose freedom was purchased for $600 in 1847. One parcel in this deed was obtained by land grant jointly between Ned Modrel and Alex Colyer a couple months before Ned Modrel's emancipation is recorded in 1847. It is unusual and possibly makes legal problem, that there is not "consideration" or price for the transfer that is stated. Was there a price ? Was it gratuitous ? Other examples in this era such as gift deed from James Purvis to son William, state one dollar consideration to make it legal.
		Kentucky Land Grants price and history discusses particulars of various Ky land grants
		1854 deed 1200 acres to Alexander Colyer and James Sears from William Gragg Property on Pitman Creek by modern day Clay Hill Rd, Somerset Ky. This property had coal on it that was excluded from sale. Evidently this is Where Alexander Colyer got land that he built a flour mill on Pitman Creek that is referred to on Burnside's Civil War map. This large tract of land is purchased with apparent brother-in-law James Sears. James Sears is buried at Bradley Chapel Somerset per findagrave. Jesse Sears referenced in this deed with exclusions for his coal bank, is father-in-law of Alexander Colyer. This property based on metes/bound references went all the way down current day Strawberry Rd to the small cave beside the road based on references to Waddle property and Catherine Massey old survey lines. Massey lines estimated to run to the road-side cave area. (See Widow Massey reference in Iron Works Rd write up document under John Colyer) It went up current Clay Hill Rd just to exclude Jesse Sears Coal bank of small acreage.
		1880 Pulaski County Ky U.S. census Shows James Alexander Colyer with daughter named Polly. Could it be that she was named for Alex's mother ? Therefore, was John Colyer of 1781 1st wife named Polly rather than Martha Minus ?
		DNA report comparing Harold Colyer and John Collyer Shows proof of connection of descendants of John Colyer born 1781. Descendants of William Colyer born 1807 and James Alexander Colyer born 1809.
		1893 deed James Alexander Colyer heirs court ordered sale of modern day Clay Hill Rd Pitman Creek property to Mathew Warren and John Colyer This researcher has not determined which John Colyer this deed was to, but suspects it was John W Colyer, son of Linsey Randall Colyer by Elizabeth Warren. This John Colyer was raised in the home of Andrew Warren with his uncle Mathew Warren. This property appears to be land next to Andrew Warren wooded section opposite Colyer/Warren house at Pitman creek that was purchased from John W Colyer Sr heirs in 1865. This land appears to be going along current Strawberry rd. Mathew Warren was an early postmaster of predecessor to Ruth Ky at store he ran at 192 intersection of Pitman creek.
		1861 Pulaski County Ky Geology Report based on survey in 1858-1859 and names Colyer's Mill, Pitman Creek, Blazed and Long Hollow, Salt Work Road. Coal was mined and a small train took coal from top of current day Clay Hill Rd to intersection of current hwy 192 and Pitman Creek to original Ruth Ky store operated by Mathew Warren, then Mr Alexander, then Ad Colyer then Ridners. Report Calls area at current Burnside Ky as Texas District.
		1875 Pulaski County KY tax records: Alex Colyer, Lin Colyer, Maranda Botkin
		1857 Alexander Colyer to Ned Modrell 275 acres Ned Modrell lived in pumpkin hollow area of Jugornot pulaski county Ky. He was a slave who purchased his freedom about this time. At the time, he had obtained a land grant jointly with Alexander Colyer. Here Alexander transfers his half of the joint grant along with other property to Ned Modrell. Ned was in timber business and later sells some land to saw mill on Cumberland River. It is unusual and possibly makes legal problem, that there is not "consideration" or price for the transfer that is stated. Was there a price ? Was it gratuitous ? Other examples in this era such as gift deed from James Purvis to son William, state one dollar consideration to make it legal.
		1890 Pulaski County deed: James Walter Colyer to RS Keeny of the Alex Colyer home The appeals court case in 1893, upheld this deed. The case reveals that James Alexander Colyer had asked his grandson, James Walter Colyer to move in and care for he and his wife in elderly years. In exchange, James Alexander Colyer deeded his home place to James Walter Colyer, which other heirs disputed. This with deed chain of title, shows the cabin Strawberry Rd at the old mill site, was the home of James Alexander Colyer. In 1906, RS Keeney transfers to A.W. Hughes deed bk 58pg217.
		1868 Pulaski County deed: Alex Colyer to Moses Keeney 1/2 125 acre Excludes coal bank
		1873 Pulaski county commissioner deed to James Sears of Alex Colyer mill James Sears was former partner of Alexander Colyer in 1200 acre purchase on Pitman Creek in 1854. Here it shows that Alexander Colyer built the grist mill on current day Strawberry Rd that is currently owned by Hughes family. See John Colyer of 1781 docs where evidence of another grist mill in 1838 was upstream on Pitman Creek near current Clay Hill Rd and hwy 192.
		1888 Pulaski deed: James Sears to RS Keeeney of Alex Colyer grist mill
		Colyer's Mill A.W. Hughes This shows A.W. (Alfred) being father of Clarence Hughes. If the Alex Colyer home place went from AW Hughes (after his having purchased from RS Keeney in 1890) to his son, Clarence Hughes, and then to Robert E Hughes(and wife Verda Mae) it lends support to the ancient house on Strawberry Rd property being the Alex Colyer homeplace.
		1893 Heirs lawsuit sale to Rufe Ashurst. James Alexander Colyer heirs sued to sell property to divide. Here Rufe Ashurst purchases 70 acres of coal mines. The price reflects that. It shows that the coal mining along current Clay Hill Road that later resulted in a coal tipple train to the Ruth Ky store came from Alex Colyer mine. He also built the mill currently on Strawberry Rd whose remain. This sale may have been what brought Rufe Ashurst to the area and incited him to reopen the store and post office and name it for his daughter Ruth.
		1893 Alex Colyer estate sale to Mathew Warren and John Colyer After heirs lawsuit Alex property sold. Here 250 acres along current Clay Hill road and Strawberry Rd sold to Mathew Warren, original store and post office operator at what became Ruth KY. When Mathew ran it, it was called Juno. John Colyer, son of Elizabeth Warren, sister to Mathew, and Lindsey Colyer, son of Alex Colyer, joins with Mathew Warren. Census records show that John born 1875 was raised in the Warren home in Ruth KY with Mathew after the death of his mother Elizabeth Warren Colyer at young age.
		1893 lawsuit estate sale to RS Keeney Here more of Alex Colyer estate land holdings sold as result of lawsuit. RS Keeney purchases property in the Clay Hill Rd/Strawberry Road area 100 acres. RS Keeney transferred land to Clay Hill Baptist Church. Was that part of this 100 acres ?
		1880 census Alex Colyer, daughter Mary Colyer Shows Mary Ann Colyer living with her father Alexander, as well as her two children from 2 different marriages. Second marriage of Mary Ann evidently ended in divorce and possibly the first. Her Second husband, James F Simpson, does not die until 1892 and is buried at Soule Chapel.
		1892 Pulaski Court: first law suit James Walter Colyer first heirs law suit to set aside transfer of house and 25 acres from James Alexander Colyer to grandson James Walter Colyer. Here it is said the deed invalid, but it is appealed.
		1858 Pulaski County Ky road order: Alexander Colyer, current Clay Hill Rd Here Alexander Colyer, along with neighbors Moses Keeney and James Allen get order to lay out new road to Jesse Sears Coal bank. This is believed to be modern Clay Hill Rd leaving Pitman Creek up the hill toward modern day Colo. The road is to end at current day Hwy 192 at Widow of John Colyer, Lydia Colyer's.
		Jesse Sears Obituary who died 1876

Headstones

James Alexander (Elex?) Colyer grave
Clay Hill Baptist Church cemetery Somerset KY

Notes

These may be the ones that appear on the rolls of Randall's Methodist Church near shopville in community of Ula around 1860 as
22. M.B. Alexander Colyer )
23. M.B. Lydda Colyer ) Same no. in 1859
http://www.rootsweb.com/~kypulask/ch/randall.html
census record believed to be from John Parsons research:
Title: Federal Census, 1860, Pulaski County Kentucky
Author: U. S. Government
Publication: Pulaski County Historical Society
Note: ABBR Federal Census, 1860, Pulaski County Kentucky
Note: ABBR 1860 Pulaski County Census
Repository:
Note: NAME Not Given (See Notes)
ADDR
Not Given (See Notes)
NOTE NAME Gilmer Callison
Page: Somerset District 2, number 476 shows Colyer, Alexander, age 50,Farmer, born Kentucky; Lydia, 48, Kentucky; Charles, 24, Teacher,Kentucky; Sarah, 18, Kentucky; Linsey, 15, Kentucky; Louisa, 14,Kentuck y; Harriet, 12, Kentucky; John, 8, Kentucky.
[Archfam[2].FTW]

1880 Pulaski County Kentucky Census, Juggernot #10 District, shows:
Alexander Collyer, head of household, age 69, born KY, both parents born TN
Lydia, Wife, age 67, born KY, both parents born VA
Polly A. Daughter, age 39, born KY, both parents born KY
James Walter, Grandson, age 19, born KY, both parents born KY
Nancy J. Simpson, Granddaughter, age 9, born KY, both parents born KY
Martin Collyer, 1/2 Brother, age 49, born KY, father born TN, mother born KY
Colyer v. Hyden, &c.

COURT OF APPEALS OF KENTUCKY

94 Ky. 180; 21 S.W. 868; 1893 Ky. LEXIS 24

March 16, 1893, Decided

PRIOR HISTORY: [***1] APPEAL FROM PULASKI CIRCUIT COURT.

DISPOSITION: Judgment reversed, with directions.

COUNSEL: WILL C. CURD FOR APPELLANT.

There was a sufficient delivery of the deeds. (Bell v. Farmers' Bank, 11 Bush 39; 5 Am. & Eng. Enc. of Law, p. 448, note 4.)

O. H. WADDLE FOR APPELLEES.

The deeds were properly set aside. They were procured by undue influence, were never delivered, and were without consideration to uphold them.

JUDGES: JUDGE HAZELRIGG.

OPINION BY: HAZELRIGG

OPINION

[**868] [*180] JUDGE HAZELRIGG DELIVERED THE OPINION OF THE COURT.

A few weeks before his death, Alex. Colyer, who was quite old and decrepit, executed three deeds for certain lands of which he was the owner, in two of which the appellant, who was his grandson, was alone the designated grantee; in the other the appellant, jointly with Susannah Colyer, his step-daughter, and L. R. Colyer, a son, were the grantees named. The validity of these conveyances was assailed by the other children of the deceased--the appellees here-- [*181] by reason of the mental inability of the grantor, the exercise of undue influence over him, and because the alleged conveyances were never delivered to the grantees in the life-time of the [***2] grantor. The lower court upheld one of the deeds--that to the appellant for the home place of some seventy acres--and set aside the other two.

We think there can be no question of the correctness of the judgment sustaining the first-named deed. The old man had contracted in writing with his grandson some time in 1888 to the effect that he would give him the home place, provided he would come home from the West and live with him, and care for him and his wife. They were both old and feeble, and needed his help. The grandson did so, and shortly before his death the grantor had the deputy clerk to prepare the deed, which he executed in pursuance of the original contract, and delivered to the draftsman, who proves he delivered it to the appellant in a few days thereafter.

There appears to have been no lack of capacity to make the deeds, and no evidence of the exercise of undue influence in their procurement. We think, too, that there was a legal delivery of the deed for the twenty-five acre tract to the appellant. It was signed and acknowledged by the old man and his wife, and delivered to the draftsman, the deputy clerk, for the grantee, and delivered to and accepted by him in some [***3] three or four weeks thereafter, though after the death of the grantor.

It is now fully settled that a deed may be delivered to a third person for the grantee, and if subsequently [*182] assented to by the grantee it will be as good a delivery as if it had been made directly to him. (Fonda v. Van Horne, 15 Wend. 633.)

With respect to the joint deed for the two hundred acre tract, the state of case is different. After its preparation and acknowledgment, the grantor handed it to his wife, and told her to put it away, or to take care of it. There was no delivery of it to any of the grantees, or to any one for them, until after the grantor's death, when his wife gave it to the husband of one of the grantees. We think there was no delivery of this deed so as to pass the estate. It seems to have been the intention of the grantor to keep control over the instrument until fully determined whether ultimately to deliver it.

It may be inferred that because he had retained a life estate in the property, he thought its immediate delivery would be of no service to the grantees, and that his intention is clear that they should have the property at his death. And yet, the fact [***4] remains, he did not deliver it, or authorize or direct its delivery, and can not, therefore, be said to have divested himself of the title to the estate. In Maynard v. Maynard, 10 Mass. 456, the deed was executed with the usual formalities and recorded, and "the grantor requested the witness to keep the deed until it was called for." The grantee died; the grantor called for and cancelled it. The court said it was clear that no title passed. "The only reason why it did not pass," said the court, "was that the deed was not delivered as the deed of the grantor for the use of the grantee."

[*183] There appears to have been no error in setting off the appellant's claim against the estate by the one-half of his [**869] note. The result reached by the chancellor seems just and proper.

Because of the error indicated the judgment is reversed, with directions to proceed as herein determined.
Father of Ned Modrell = Jack Modrell ??

Emancipation:

Pulaski County Deeds, v. 10:346
Know all men by these presents that I Robert Modrel of Pulaski Co Kentucky do ... forever set at liberty set free and emancipate my negro man called Jack aged about thirty nine years, said negro is of dark color about 5'8" or 9" high and is forever hereafter to be free from my control and is in all respects a free man. . . . this 17th day of September 1839 signed. Presented at county court 17 September 1839
9.) Patent #: 09802 Grantee: Colyer, Alexander & Modrell, Ned
Grant Book & Pg: 20 220 Acreage: 100
County: Pulaski WaterCourse: Cumberland R.
Survey Name: Colyer, Alexander & Modrell, Ned Survey Date: 04/29/1846
Grant Date: 07/01/1847

10.) Patent #: 09803 Grantee: Colyer, Alexander
Grant Book & Pg: 20 221 Acreage: 50
County: Pulaski WaterCourse: Cumberland R.
Survey Name: Colyer, Alexander Survey Date: 04/29/1846
Grant Date: 07/01/1847

11.) Patent #: 10129 Grantee: Colyer, Alexander &c.
Grant Book & Pg: 20 556 Acreage: 100
County: Pulaski WaterCourse: Cave Cr. Cumberland R.
Survey Name: Porter, Joseph Survey Date: 05/03/1846
Grant Date: 07/08/1847

22.) Patent #: 16650 Grantee: Colyer, Alexander
Grant Book & Pg: 32 396 Acreage: 7 1/2
County: Pulaski WaterCourse: Cumberland R.
Survey Name: Colyer, Alexander Survey Date: 07/15/1848
Grant Date: 05/02/1851

31.) Patent #: 29184 Grantee: Colyer, Alexandrew
Grant Book & Pg: 52 245 Acreage: 10
County: Pulaski WaterCourse: Pittman Cr.
Survey Name: Vaught, William E. Survey Date: 06/10/1857
Grant Date: 06/30/1858

32.) Patent #: 29185 Grantee: Colyer, Alexandrew
Grant Book & Pg: 52 246 Acreage: 8
County: Pulaski WaterCourse: Pitman Cr.
Survey Name: Vaught, William E. Survey Date: 08/15/1857
Grant Date: 06/30/1858

33.) Patent #: 29186 Grantee: Colyer, Alexandrew
Grant Book & Pg: 52 247 Acreage: 3
County: Pulaski WaterCourse: Pitman Cr.
Survey Name: Vaught, William E. Survey Date: 08/15/1857
Grant Date: 06/30/1858
Joint land patent holder who was slave emancipation:

Pulaski County Deeds, v. 13:530
Know all men by these presents that I John Modrill of Buckhanan Co Missouri for and in consideration of the sum of $600 paid to me by my Negro man Ned (a slave) the receipt whereof I hereby acknowledge (I) emancipate and set free forever the said Ned who is a black man about 28 years of age weighs about 150 pounds and is about 5'10" high ... from this date of deed to be absolutely free to act for himself as if free born and I do hereby release all claims the said Ned and invest him with all the rights and freedom that I can vest lawfully ...this 25th day of August 1847 John Modrell by James Gilmore. Wit by LD Cowan, James Frazier Wm M Fox. Presented in court and proven by witnesses to be the act of James Gilmore attorney in fact for John Modrell

Sources

[S20212] Wesley Colyer [wcolyer@cinci.rr.com].
Wesley Colyer (wcolyer@cinci.rr.com)
[S14494] Alice Colyer Gala.
Date of Import: Sep 19, 1998
[S05088] Collierj.ftw--Tim Jeffries, Cincinnati OH, Tim Jeffries, Cincinnatti OH.
Date of Import: Aug 6, 1998
[S27813] ColyerV2.FTW.
Date of Import: Sep 30, 1998

James Alexander Colyer[1, 2, 3, 4] 1809 - 1888

James Alexander Colyer^{[1, 2, 3, 4]}
1809 - 1888