Individual Details

EPHRAIM FLOR HUBER COMSTOCK

(1795 - 20 Dec 1847)


I have been unable to find an explanation for the middle names of Ephraim. The first time the initials appear are on his marriage bond to Nancy Goodman when he writes his own initials as H. F. rather than the F. first. Huber is a German name meaning "farmer". "Flor" is bloom. Was he perhaps a fruit farmer, a truck gardener, a nurseryman? His grandmother Winifred (Holtzclaw) Hardin was German so it's likely he was familiar with at least some of the language.

One of the "traditions" of Ephraim Comstock is that he fought in the Battle of Tippecanoe. This is the Battle when William Henry Harrison defeated Tecumseh; campaign from 16 Oct - 24 Nov of 1811. Ephraim would have been approximately 16. I have found two units listed from Kentucky - the Battalion of KY, Light Dragoons under Capt Peter Funk (27 men) and a Company of Mounted Riflemen under Capt. Fred Geiger (62 men). He was not listed.

Court Minutes; Order Book 2, p.40 20 Dec 1813 Payment to Ephraim Comstock for guarding Danl Hillard in jail, 7 days - $5.25

Circuit Court Order Book 3, p.468. Sat. 25 Oct 1817. Ephraim Comstock to recover against the Plaintiff Charles Colter.

Court Minutes, Book 3, p. 2 21 Sep 1818 Ephraim and his mother granted administration on his father's estate. Security with William Hardin Sr & Amost Williams. By November, Amos Williams asked to be released and on 21 Dec 1818, Ephraim posted security bond with William Hardin Jr and William Davison.

There is said to be a deed in Sept of 1818 between William Hardin Sr and Ephraim Comstock, with William B. Clark acting as one of the witnesses.

Circuit Court Order Book 4, p.215. Wed. 21 Jul 1819. Ephraim Comstock sued William Hardin (Jr or Sr - impossible to tell, but most likely Jr given the next case) for Trespass Assault & Battery. The jury found in favor of Ephraim and assessed damages to Hardin for 1 Cent plus costs.
p.235. Fri 23 Jul 1819. William Hardin Jr against Ephraim Comstock. Jury said Ephraim was not guilty and ordered Hardin to pay his costs. Appeal was filed by Hardin the next day. Hardin appealed to the Court of Appeals of Kentucky and the case was heard 6 Oct 1820. He filed on the grounds that the writ charging trespass, assault and battery, written by William Allen, attorney for Ephraim Comstock, also falsely and maliciously charged him with robbing "Cumstock" of $500 in silver. Allen admitted that he was employed to bring action for assault and battery and had added the robbery without direction from Cumstock. Cases were cited showing that libel cannot be charged for averments in a writ during the course of justice, as
as the client cannot be held responsible for actions of his attorney. No evidence was introduced to show that Comstock himself ever uttered or published slanderous matter. Judge Owsley delivered the opinion that the judgement of the lower court would stand. Another Hardin, probably a kinsman, was the lawyer for William Hardin. [Reporter: 9 Ky. 480]
Court Order Book 3: On 16 Aug 1819, Ephraim and his wife were summoned to appear at the next Term of Court and give security to indemnify Edward Pate as security for Eleanor Comstock, late Elanor Clark, Administrator of William B. Clark, dec'd, or deliver up estate.. Ephraim posted $2000 Bond on 20 Sep 1819 at the next Term
Deed Book E, Breckinridge Co KY, p. 55, 18 Oct 1819. Edward Pate (father of second wife Ellen) to Ephraim Comstock and Ellen his wife for $1 and natural love and affection ...100 acres in Breckinridge County. [This 100 acres had already been given to William B. Clark and his heirs sued for it. The dispute continued for some years, long after Ephraim Comstock had run off.]
Circuit Court Orders, Book 4, p.269 Tues 19 Oct 1819. Amos Williams against Ephraim Comstock. Jury found in favor of Amos and he was awarded damages of $69.24 plus costs
p.283 Wed 20 Oct 1819. Jury awarded John Dejarnet, William Moorman & James ??? the sum of $105.35 1/2 in damages to be levied on the estate of William B. Clark. Eleanor Comstock and her husband Ephraim were defandants.
Court Order Book 3: Apparently Ellen's first husband had children. On 15 May 1820 John Dejarnet, guardian of the infant heirs of William B. Clark, dec'd, commissioners were appointed to settle with Ephraim Cumstock and Eleanor his wife.
John Dejarnet's wife, Judith Clark Moorman, was related to William B. Clark, via the Clark and Moorman families. His son Daniel would later marry Mildred Clark, youngest daughter of William B. Clark & Eleanor Pate.

Deed Book E, pp.220-221: 18 Jul 1820. Ephraim mortgaged his share (200 acres) of the 600 acres deeded to his parents by William Hardin, Sr.
Court Order Book 3; p.156 21 Aug 1820: Amos Williams ordered that Ephraim Comstock be summoned to appear at next term to show cause why Amos should not be guardian of Dorcas. p.188, 19 Feb 1821: Amos appointed guardian of Dorcas Comstock. Comstock did not appear. [Dorcas was raised by her grandparents; apparently never lived with Ephraim.]
Court Order Book 3, p.271 15 May 1820 Motion of John DeJarnet, guardian of the infant heirs of William B. Clark, dec'd. Commissioners sworn to settle with Ephraim Comstock & Eleanor his wife, the accounts of their administration of the estate of William B. Clark, dec'd.
Deed Book E, p.310 30 Dec 1820 George Lee and Mary his wife, to Ephraim Comstock and William Lasewell for $400. 194 1/2 acres on the little fork of Clover Creek, part of a tract patented to William May. [There was a problem with this deed. In 1821 the County Court mentioned a "pretended sale" from Lee to Comstock that was to be set aside and declared void.]

Circuit Court Order Book 5. p.69 Mon 16 Apr 1821. Commonwealth vs. Ephraim Comstock for Felony. Jailor brought Prisoner to Court. Bail set at $500 from Comstock plus $500 Security. William Hardin Sr. put up the Security that he would appear. Released on his own recognizance.
p.90 Wed. 18 Apr 1821. Ephraim Comstock came not.
p.180 Sat 21 Jul 1821. Ephraim Comstock against Edward Pate and others for Trespass Assault & Battery. Plaintiff hath departed from this Commonwealth and the suit dismissed.
[Has he gone to Tennessee?]
Court Order Book 3, p.239 17 Sep 1821: Ephraim summoned for failing to list taxable property. On p.254 20 Nov 1821: Ephraim on list of Delinquents for not paying taxes - marked insolvent.

Circuit Court Order Book 5. p.303-304. Mon. 15 Apr 1822. Ephraim Comstock indicted on two counts of Forgery. He came not. Convicted and sentenced to jail for not more than six years nor less than two years. Writ ordered for his arrest.
p.361-362. Sat. 20 Apr 1822. Several cases against Ephraim Comstock. Continued. He is not a citizen of this State and newspaper notices are required for two months in succession requesting his appearance at the next Court Term.
p.415 Mon 21 Oct 1822. William B. Clarks heirs against Ephraim Comstock. The Court delivered their opinion. We discover the 100 acres Edward Pate had given to the Comstocks in 1819, he had already deeded to William B. Clark, and Eleanor had full knowledge. Sale of the slaves mentioned in the bill was fraudulent and void. The heirs were awarded the 100 acres by 1st January next. Sale of Negroes is to be annulled. The heirs were awarded their costs of the suit.

Court Order Book 6, p.26 Friday, 25 Apr 1823. Deed from Ephraim Comstock and wife to the heirs of William B. Clark was recorded. [Someone must have known where to find Ephraim to get a deed signed! Or they forged his signature.]

Apparently Ephraim and Eleanor were divorced, or simply agreed to disagree, as she married Edward Hamilton in 1825. She must have taken her son Napoleon Bonaparte as he is found living with "Hambltons" in 1850, still in Breckinridge Co KY. At the time Ephraim & Eleanor were separated, divorce could only be accomplished by an act of the legislature and the party at fault could not remarry within the state of Kentucky.

Caroline, oldest child of Ephraim and Nancy appears to have been born before they married in Maury Co. TN. I can find no indication they lived there. Perhaps Ephraim did not yet have his divorce from Eleanor when he met Nancy.

I found a peculiar court case from the Supreme Court of Indiana, November Term 1830. Recorder: 2 Blackf. 349.
The case was one Elder v. Lasswell & Others. The complainant declared an error in the Perry Circuit Court. There had been a bill in chancery by Elder against Lasswell, Comstock, Chenault & Burke. Arnold Elder, since deceased, executed his note to Lasswell for 550 bushels of corn, but in 1826 before the note came due, they obtained from Chenault & Burke, by assignement, a sealed note executed by Lasswell & one Ephraim Comstock for $1,020.82 due on Mar 1 1820. Lasswell refused to permit this to be set off against the one he held for the corn and has obtained judgment against the complainant for $88. The bill states both Lasswell & Comstock are insolvent and that their joint note could not be set off by the complainant, against him on the note given to Lasswell alone. The prayer of the bill is to allow the set-off. A written objection filed by Lasswell asks that the cause be dismissed for want of equity and he be allowed his costs expended. The Circuit Court dissolved the injunction and dismissed the bill. The decree of the Circuit Court was judged correct and affirmed. Note: A re-hearing was granted but was dismissed by agreement of the parties. The set-off was inadmissible.
That this case discusses the same Ephraim Comstock I have no doubt. He was involved with William Lacewell in the Breckinridge County courts. Chenault & Co. had sued them in 1820, presumably for debt. In 1821, Lacewell was indicted for Felony [about the same time as Ephraim] but he pled not guilty, had a jury trial and was acquitted. Ebenezer Baird sued Ephraim Comstock & William Lacewell for debt and threatened to put Lacewell in jail if he did not pay [Comstock by then was missing from Kentucky] Daniel Martin sued them for debts. There were others. Most ended up stating that Comstock was not an inhabitant of the Commonwealth and orders for him to appear were to be published in newspapers. Lacewell was involved with Comstock in a deed from George Lee that was called a "pretended sale" by the courts and declared void. Joseph Allen, Commissioner was appointed to convey from Lacewell & Comstock to George Lee which was produced in court, April 1822. [Comstock was gone, perhaps Lacewell was as well.] This affair was part of the contention concerning Eleanor's children by William B. Clark.

1830 US Census; Carroll Co TN E. "Coomstock" on p.171, Line 24. 3 males under 5 [Leander & Hugh & ??? - did they perhaps lose a child? There's room for one between Caroline & Hugh] 1m 40-50 [Ephraim was 35]; 1f 5-10 [Caroline]; 1f 20-30 [Nancy]. Living next door may be Nancy's mother as there is a widow - Nancy Goodman.

1840 US Census; Perry Co TN Ephriam "Humpstock" p.165a on Line 8. Amos Randle whose son would marry Caroline is on Line 17 of the same page. The name is written so tiny it's easy to see why it's been overlooked. Could be Ephraim H.umstock with the "C" missing or cramped into the "H". 2 m -5 [Tom & James]; 2 m 5-10 [Warren & William]; 2 m 10-15 [Leander and Hugh]; 1 m 40-50 [Ephraim]. 1f 10-15 [Caroline] and 1f 30-40 [Nancy] This entry matches the family perfectly - can only be the correct Ephraim Comstock.

Ephraim's death was recorded as 1860 on a worksheet in the manuscript file of Samuel Willett Comstock at the NEHGS library which is incorrect as his wife is the head of household in the 1850 census in Perry Co Tennessee. Other information is very incomplete - almost nothing about his third wife and eight children with her. Some of the data on son Napoleon seems to have been confused with that of Ephraim. Then he gets the children more or less straightened out but is confused about the wives. Apparently much of the information was sent to Samuel W. from John Spickernagle [son of Ephraim's sister] and S. L. McAdams [a son of Ephraim's oldest daughter Dorcas]. There are many errors.

In John A. Comstock, manuscript collection, the file on Ephraim Comstock, I found further communication from Samuel W. to John A.
To Dr. J.A.C. Dear sir:
Your misplaced yellow sheets - Leander Brown Comstock
You say the name is unusual. I have him placed -
#1223 William7 Comstock [Daniel6] his son Ephraim8
Married 3 times His full name the record says is
Ephraim Flor Hubber Comstock - born in Ky
Children of Ephraims [wives, see Genealogy]
Born in Ky Napoleon Bonaparte, born about 1821
Born in Ky Dorcas Comstock, born about 1815 she married George W. McAdams of Ky
Born in Tenn Caroline, born about 1825 Living 1895 in Kas. Cherry[cut off]
Hugh Bonaparte, born about 1827
Leander Brown " " 1829
William Decatur " " 1832
Warren Harris " " 1834
James Irving " " 1836
Elijah Thomas " " 1838 Dec 22
Harry Alexander " " 1841
Ephraim was a school teacher & a Soldier in the Battle of Tippecanoe
Wf 1st in Ky unknown This record say 2 ch
Wf 2nd in Ky Nancy Goodman 8 ch
In Tenn they lived in Murray & Perry Counties
then moved to Mo & Ephraim back to Ky [alone] This statement seems unlikely - he wasn't living with his family in Tennessee in 1850 - none of them had yet moved to Missouri.
his son Elijah Thomas Represented Crawfrod Co Ark in state Leg.
his son Randolph, rep. Crawford Co in the Gen. Assembly
During Civil War Leander Brown & James Irving Comstock went North, the others living west South
Ephraim may have had other brothers & sisters - & he wanted to name every child Bonaparte

He listed the children of Ephraim & Nancy Goodman on one sheet, omitting Caroline, but giving additional data about the sons. I found other information that indicated John A. Comstock was not gathering data on daughters.
Hugh Bonaparte died Sep 13, 1856, Missouri, married Elizabeth Meeks of Perry Co Tenn.
Leander Brown died about 1878 at Stafford, Mo. He married Nancy Forgason of Perry Co Tnn [He died Green Co Mo 31, Aug 1877]
Wm Decatur died Feb 1864, Stafford Mo Married Hannah Mahurin in McDonald Co, Mo. Killed in War near Pea Ridge, Ark.
Warren Harris died Feb 1864 Missouri Married Minerva Shell of Mo.
James Irving died Oct 1893 Cedar Co, Mo Married Elizabeth Stamps in Mo. Supposed poisoned to death by stepson.
Harry Alexander died 1882, Chickasaw Nation, IT Married Eliza Grant, Crawford Co. Ark. about 1866
Napoleon Bonapart, Res. near Hawsville, KY Lived to be an old or he may live yet [Nov 1895]
Ephraim Flor Hubber Comstock had a brother Elijah & a sister Lovinia.
Signed S. W. Comstock, Concord, Mass. Mch 12, 1934.

Events

Birth1795Hardinsburg, Breckinridge County, Kentucky
Marriage2 Jan 1817Cloverport, Breckinridge County, Kentucky - Martha R "Patsy". Williams
Marriage27 Jan 1819Hardinsburg, Breckinridge County, Kentucky - Eleanor "Ellen" Pate
Marriage14 Oct 1823Maury County, Tennessee - NANCY GOODMAN
Death20 Dec 1847

Families

SpouseMartha R "Patsy". Williams (1795 - 1817)
ChildDorcas Comstock (1817 - 1860)
SpouseEleanor "Ellen" Pate (1793 - 1860)
ChildNapoleon Bonaparte Comstock (1820 - 1899)
SpouseNANCY GOODMAN (1805 - 1855)
ChildCaroline Zelphia Ann Comstock (1823 - 1909)
ChildHugh Bonaparte Comstock (1827 - 1856)
ChildLeander Brown Comstock (1828 - 1877)
ChildWilliam Decatur Comstock (1832 - 1864)
ChildWarren Harris Comstock (1834 - 1864)
ChildJames Irving/Ervin Comstock (1837 - 1893)
ChildELIJAH THOMAS "Tom" COMSTOCK (1838 - 1917)
ChildHarvey Alexander Comstock (1841 - 1882)
FatherWILLIAM COMSTOCK (1770 - 1818)
MotherWINNY ANN HARDIN (1775 - 1818)
SiblingElijah Comstock (1808 - 1875)
SiblingLevinia Comstock (1810 - 1837)

Endnotes