These records were found at the United States Archives, Southeast Region, Atlanta, GA. Address 5780 Jonesboro Road, Morrow, George, 30260. They are in Box 19 (RG21) U.S. Circuit Court, District of Kentucky, Frankfort, Law and Equity Judgments and Decrees for 1804 thorough 1860 (cases 425 through 439)

This is Case 435 Preston v. Descendants of William Gill. Filed 1809. This case continued until 1812 when the court decreed that John Robertson and wife Sally (Sarah) Gill deliver to Robert Preston 200 acres of land on Bays Fork of the Big Barren that is the parcel patented under Warrant No. 4306 dated 1787. The argument was that this Warrant was not actually assigned to William Gill. Preston brought this after William Gill died and most of the principals were no longer living or could not be located.

Robert Preston was a speculator living in Virginia and not Kentucky and apparently was a speculator who used courts effectively against the Scottish settlers. He brought many suits. Two others that I looked at were similar in that the principal had died and witnesses could not be found. It is well documented in the histories of Kentucky that most settlers lost their land to speculators who were more skilled in using the courts. That compounded with reported corruption in the legal system itself and among the judges and attorneys.

John Robertson did not transfer the property to Robert Preston as required by the decree. On 24 February 1816, the Kentucky Court of Appeals, filed an indenture (below) ordering a commissioner to convey the property. Records confirming that was done were found in the Kentucky State Library and Archives.