CLINE FAMILY ASSOCIATION

HATFIELD-MCCOY FEUD

THE TRUTH ABOUT PERRY CLINE'S INVOLVEMENT IN THE FEUD

Perry A. Cline

(Picture found on http://www.upike.edu/Distinguished-Educators/Inductees which

in turn was reprinted from Frankfort, Ky., newspaper on March 11, 1886)

Most of the so-called "facts" about Perry Cline's involvement in the Feud come from biased, "Hatfield-centric" sources, including books, "documentaries," websites and, most recently, the mini-series on the Feud starring Kevin Costner.  The mini-series, in particular, takes great liberty with the actual facts as they pertain to Perry Cline.  This page is dedicated to the truth about Perry Cline, not from "oral history" but from the actual facts in the historical record. 

Below is an exerpt from a Memorandum dated July 23, 2013, which was sent to noted local historian and Feud expert, Bill Richardson, of the University of West Virginia.  The attachments to the Memorandum were not included here due to length, except for copies of two original surveyor's maps found in the case documents.  This Memorandum is based entirely on original documents obtained through several months of research conducted by the author [Jerry Cline] from December, 2012 through May, 2013.  This research could not have been done without the able and tireless assistance of Randy Marcum, historian of the West Virginia State Archives, as well as the astute analysis of Chris Cline.

SUMMARY

As fully detailed below, in 1861, Devil Anse Hatfield began trespassing on the Cline lands around Grapevine Creek by taking valuable timber off of the land.  Hatfield had taken advantage of the fact that Jacob Cline Sr. had died in 1858, leaving the owners of this tract of land to two young orphans, Jacob Jr. age 14 and Perry, age 12.  Devil Anse claimed that he held title to this land through a survey by his father.  However, no such survey has ever been produced and a survey along would not convey title in any event.  Moreover, clear title to this land can be traced back all the way to 1795, nearly 20 years before Anse's father was even born.

The Civil War intervened in Devil Anse's activities.  However, by 1867, Devil Anse resumed his trespassing and illegal timbering and the Cline boys could not convince him to leave.  In 1869, a meeting was held at the mouth of Grapevine Creek.  The meeting appeared to be mere formality.  According to Jacob Jr., Devil Anse was trying to take his land "by the muzzle of a gun." Perry relented and sold his half to Devil Anse but Jacob Jr. refused.

By 1870, Devil Anse built a house on Grapevine Creek and moved there with his wife and children from their prior home on Mate Creek.  You can see Devil Anse living down river as Perry's closest neighbor in the 1870 Logan County, WV federal census.

By 1871, Devil Anse had still not paid the purchase price to Perry Cline for the Grapevine Creek lands.  It is not known what kind of pressure was put on Perry Cline and his young family, but in 1871 Perry again agreed to trade Devil Anse his portion of the Grapevine lands, as well as his inheritance of the "Old Home Place" [the Cline Homestead property] for a piece of land on the Tug River in Pike County, KY.  By 1872, Devil Anse moved from Grapevine Creek and into the Cline Homestead on the Tug.  

Soon after Devil Anse traded lands with Perry Cline and moved into the Cline Homestead, Devil Anse surveyed the property himself, although he was not known as a surveyor and could not read or write.  Moreover, he specifically testified in a sworn deposition that he ignored the county surveyor's lines and created his own.  This was the source of the 1872 lawsuit relied upon by other historians to claim that Devil Anse sued and "won" the case against Perry Cline in an out-of-court settlement.  However, this is entirely inaccurate as proven by the original court documents.  There was a confusion over the proper boundary line, but this was settled in March, 1877, after the court ordered a surveyor to survey the land in 1876.  The case continued on for years AFTER the deed for the land was signed and filed by both parties, and was eventually dismissed because of inaction by Devil Anse.

Anse would later subdivide the Grapevine Creek tract to provide land for his sons Anderson "Cap" Hatfield and Johnse Hatfield, two of the most notorious participants in the Feud. (See below, Map 2, surveyor's map, Ellison v. Torpin (1898).

It is important to note that Devil Anse would later direct his family's actions during the entire Feud from the Cline Homestead until the middle of 1888, when he moved away from the Tug River for protection against the bounty hunters who, in a twist of fate, had been sent into action by Perry Cline.

 [The material herein is copyrighted 2013]

I.      THE CLINES 

                A.    Jacob “Rich Jake” Cline (1788–1858)

Jacob Cline, also known as “Rich Jake” for his relative wealth, was the second oldest son of Peter Cline (1756-1843).  Information on Jacob's father Peter Cline can be found elsewhere on this website.

Jacob served in a Virginia unit during the War of 1812.[1]  Sometime after his service but before 1819, Jacob settled with his family in the Tug River Valley.  In 1826, Jacob married Nancy Fuller.  They would have nine children to live to maturity:

William Trigg Cline (b. 1827) - married Margaret McCoy

Martha "Patty" Cline (b. 1828) - married Asa Harmon McCoy

Elizabeth "Betsy" Cline (b. 1831) - married Richard Thomas Hatfield

Nancy Cline (b. 1833) - married Francis Davis

Peter Cline (1836) - married Elizabeth McCoy

Mary Cline (b. 1841) - married F.H.L. Hunt

Virginia Jane Cline (b. 1843) - married (1) David Daniels (killed in Civil War); (2) John McCoy

Jacob Cline, Jr. (b. 1846) - married Rebecca Taylor

Perry Anderson Cline (b. 1849) - married Martha Adkins

Four of Perry's siblings would marry McCoys: William Trigg married Margaret McCoy; Martha married Asa Harmon McCoy, who would become an early casualty in the Feud and was the brother of Randolph "Ran'l" McCoy, the leader of the McCoy faction; Peter married Elizabeth McCoy; and Virginia Jane married her second husband, John McCoy.  Finally, daughter Elizabeth would marry Richard Thomas Hatfield.

The 5,000 acre tract that would eventually become a source of conflict between Perry Cline and Devil Anse Hatfield was originally part of a 30,000 acre tract owned by John Green of Philadelphia.  In 1795, Green obtained a treasury warrant for this land, which was granted to him by the State of Virginia in 1796. See “1796 Green Land Patent,” (attached as Exhibit A).  This tract was located on the Virginia (WV) side of the Tug River.  It does not appear that Green ever lived upon this tract, which is later referenced as the “Green Survey.” 

In 1819, Jacob bought a 5,000 acre tract, part of the Green Survey, from John Compton.  This tract was located along the Tug River, upriver from modern day Delorme, WV to Grapevine Creek down river from Delorme, in what was then Cabell County, VA (then Logan, 1824, and later Mingo, 1895).  Jacob’s 1819 land purchase had one major problem – John Compton never owned that tract of land. See “Cline Answer – Compton v. Cline (1846), Tazewell County Chancery Court Records,” (attached as Exhibit B).  Jacob would discover this several years after he purchased this land.

In 1828, Jacob’s sister Margaret and her husband, David Mounts, bought 400 acres of land of the Green Survey that was owned by the Cushings and Lawsons, and was situated just upriver from Jacob’s tract.  See “Mounts/Green Deed,” (attached as Exhibit C).  That deed states that Mounts’ property runs “down river to the land claimed by Jacob Cline.” [Emphasis added].

Around 1828, John Green died in Philadelphia and left neither a wife nor children.  His legal heirs were his two sisters, Ann Wharton and Sarah Green (hereafter, the “Green heirs”).  The Green heirs must have discovered that Jacob Cline was claiming 5,000 acres of their land because they filed a lawsuit against Jacob and successfully ejected him from that tract at some point before 1833. Compton v. Cline, Id.[2] 

In 1833, the Green heirs sold 26,400 acres (all that they still owed of the Green Survey) to Anthony Lawson, an attorney living in Logan Courthouse, Logan County, Virginia (WV). See “1833 Deed of Anthony Lawson,” (attached as Exhibit D).  In turn, in 1838, Anthony Lawson and his wife Ann sold the 26,400 acres of the Green Survey for $1,000 to John Lawson.  See “1838 Deed of John Lawson,” (attached as Exhibit E). 

On October 25, 1839, Jacob repurchased his 5,000 acre tract from John Lawson. See “1839 Deed of Jacob Cline,” (attached hereto as Exhibit “F”). 

At some point between 1839 and 1841, Jacob built a house on this property [the Cline Homestead]. See Deposition Transcript of William Trigg Cline (Jacob J. Cline & Perry F. Cline v. Exr. Of Jacob Cline, Sr. Estate, 1878, Scott County, Virginia) (attached as Exhibit G).[3]  According to William T. Cline, Jacob “lived on his old farmhouse in Logan County now West Va opposite the mouth of Peter Creek on Tug River.  He had lived there for over twenty years.”  Jacob Jr. also provided testimony and stated that Jacob, Sr. died[4] in Logan County “on his old farm on Tug River opposite the mouth of Peter Creek.”  Survey maps of the Cline Land show the approximate location of Jacob Cline’s house, which was situated on the Tug River, opposite Peter Creek in modern day Delorme, WV.  See “Map 1,” [below] (attached as Exhibit H-1).

Around 1854, David Mounts died.  His heirs wanted to know exactly where the Cline/Mounts property line was so that they could divide the property.  In 1855, a surveyor was hired to survey the Cline and Mounts properties.  See “Deposition Testimony of G.W. Lawson,” (attached hereto as Exhibit I).  This event was recorded in the Logan County Courthouse.[5]  This survey line would become the central issue in the 1872 lawsuit filed by Devil Anse Hatfield against several defendants, including Jacob and Perry Cline.

               B.     Perry A. Cline (1849-1891)

Perry Anderson Cline was born on January 5, 1849, [6] the youngest child of Jacob and Nancy Cline.  Nancy died around 1853 and his father Jacob died on March 31, 1858, leaving Perry an orphan at the age of 9.[7]  Jacob was a well respected businessman and died a wealthy man.  He owned several thousand acres of land, livestock, agricultural stores, and three slaves.  He also carried no debts upon his death.

Jacob’s will stipulated that the 5,000 acre tract would be subdivided into two tracts which I will call: (1) the Grapevine Creek tract; and (2) the Old Home Place tract, which contained the Cline Homestead.  See “Jacob Cline Will,” (attached hereto as Exhibit J); see also Cline Land Map, Ex. H-1.

 Map 1 - Surveyor's Map:  Ellison v. Torpin (1898)

As the map above indicates, the bend in the Tug River shows the residence of Jacob Cline, Sr. [as marked in the original map and referenced herein as the Cline Homestead], and is modern day Delorme, WV.  This home was located just opposite the mouth of Peter Creek, Pike County, KY.  Clause Nine of Jacob’s Will gave the Old Home Place tract to Perry exclusively.  This tract included the house and surrounding buildings.  (Compare this map to a Google Map of Delorme, WV”). 

Two things should be noted here.  First, this house was the final home and the final resting place of Peter Cline, Sr. and his wife Elizabeth, as well as Jacob and Nancy Cline.  Second, family tradition holds that Peter and Elizabeth were buried in Delorme.  Thus, the graves of all four [Peter, Elizabeth, Jacob and Nancy] should be in Delorme near the old homestead.  It may also be the final resting place for Asa Harmon McCoy. 

The Grapevine Creek tract was situated downriver from the Old Home Place tract and ran up both sides of Grapevine Creek and its tributaries.  Clause Seven of Jacob’s will provided that this tract was to be given to both Jacob Jr. and Perry in moiety.  Thus, the two youngest sons of Jacob Cline owned an undivided ½ interest in the Grapevine Creek tract.

Perry and his brother Jacob Jr. lived in the Cline Homestead on the Old Home Place with the slaves that they had inherited. W.T. Cline Depo.  In 1861, E.F. Tiller,[8] the executor of the Jacob Cline, Sr. estate, ran off with all of the personal property proceeds of Perry and Jacob Jr.  Left destitute, the two youngest sons of Jacob Sr. and the slaves lived off of whatever the farm could produce.  Witnesses state that Perry & Jacob Jr. were raised by the slaves. (See William T. Depo and attached depos of Ex. G).

In 1868, Perry married Martha Adkins and she moved into the Cline Homestead.  They would have eight (8) children to live to maturity: John S. (b. 1870); Allen D. (b. 1872); Roxana (b. 1875); W.O.B. “Butler” (b. 1878); Myra (b. 1880); Ella (b. 1883); Jacob Perry[9] (b. 1894); and Maude (b. 1888).   

II.     CLINE LAND DISPUTE WITH DEVIL ANSE HATFIELD

          A.    1861 - Devil Anse Hatfield Trespasses on Cline Land

As early as 1861, Devil Anse Hatfield began to trespass and illegally timber on the Clines’ Grapevine Creek tract. See “Deposition of Selkirk McCoy,”[10] (portions of which are attached as Exhibit K); see also Ellison v. Torpin (1898), 44 W.Va 414, 20 S.E. 183 (attached as Exhibit L).  

After the end of the Civil War, Devil Anse Hatfield resumed his trespassing and illegal timbering operations along Grapevine Creek. McCoy Depo at 346; “Deposition of Green W. Taylor,” at 304 (attached as Exhibit M); see also Ellison v. Torpin, Id.  Devil Anse Hatfield claimed the Grapevine Creek tract through an alleged survey by his father. Ellison v. Torpin, Id.; see also McCoy Depo at 350; Taylor Depo at 303.  However, no such “survey” has ever been produced.  Furthermore, this tract of land has clear title from Perry Cline, to Jacob Cline, to the Lawsons, the Green heirs and finally, to John Green’s initial land patent of 1796.

 Moreover, years later, the West Virginia Supreme Court would determine that Hatfield was trespassing on the Cline lands:

"In 1870 or 1871, Perry Cline traded all the lands devised to him by his father to one Anderson Hatfield for lands on the other side of Tug river, in Pike county, Ky., and said Hatfield, who had been cutting timber as a trespasser, and building cabins on said Grapevine creek, claiming some sort of title under a survey made by his father, left Grapevine creek, and moved to the [Cline] old home place, where he lived until 1888, when he and his sons sold all the lands they had to the appellants, and moved away." [Emphasis added].

Ellison v. Torpin, 183.  Thus, pursuant to the opinion of the West Virginia Supreme Court, it was Hatfield who was the trespasser, NOT Perry Cline.

          B.     1869 - Meeting at the Mouth of Grapevine Creek

According to Mary Daniels (Perry’s niece who would be beaten by a cow tail during the Feud) at some point after the Civil War, Hatfield moved into possession on Grapevine Creek and the Clines couldn’t get him out.  See Deposition of Mary Daniels, pg 223 (attached as Exhibit N).  The parties agreed to meet at the mouth of Grapevine Creek along with their mediators in an attempt to settle the dispute. See “Deposition of Robert Mounts,” at 339 (attached as Exhibit O).[11]  It is unclear exactly what the parties agreed to.  However, Mary Daniels testified that Jacob Jr. stated on that day that Devil Anse Hatfield was trying to take his land “by the muzzle of a gun.” [12] M. Daniels Depo, at 226.

 An agreement was drawn up between Hatfield and the Clines, but it appears from the records and court decision that only Perry Cline agreed to sell his half-interest in the Grapevine Creek tract. See “1869 Grapevine Creek Agreement,” (attached hereto as Exhibit P).  The agreement required Devil Anse to pay Perry Cline $500 for the tract.  However, it appears that Hatfield never paid the full amount as evidenced by the later 1877 deed.  Taylor later testified that he was very familiar with Jacob Jr.’s signature and said he could barely write his name.  He also testified that the signature claimed to be Jacob Jr.’s was not.

By 1870, Devil Anse moved from Mate Creek to Grapevine Creek and built a home there. See “1870 Logan County Federal Census,” (attached as Exhibit Q). See also McCoy Depo.   As per the census, Devil Anse was the nearest downriver neighbor of Perry Cline.  This would place him at Grapevine Creek, whereas Perry was still living at the Old Home Place in modern-day Delorme, WV.

Around 1871 or 1872, Hatfield and Perry Cline entered into a second land agreement, this time to trade lands.  It is unknown what possible threats or additional pressure Hatfield exerted upon Perry Cline, if any, but there is a serious question as to why Perry made this trade as it appears extremely favorable to Devil Anse.  Perry gave Hatfield all of the lands that he inherited from his father, which included both the ½ interest in the Grapevine Creek tract and his full interest in the Old Home Place tract, for some land across the Tug River in Pike County allegedly worth $1,900. Ellison v. Torpin, Id.; see also “1877 Cline/Hatfield Deed,” (attached hereto as Exhibit R). 

Soon after the trade, Devil Anse moved into the Cline Homestead on the Tug. See McCoy Depo at 348. [13]  

 Map 2 - Surveyor's Map: Ellison v. Torpin (1898)

Hatfield directed all of his family’s actions in the Feud while living in the Cline Homestead [now, the Cline-Hatfield House].  He lived there until mid-1888 when the bounty hunters, who were unleashed by Perry Cline, caused Hatfield to move further north near Logan for better defense.

             C.    1872 Hatfield Survey of the Cline Lands & the 1877 Deed

In the spring of 1872, Hatfield surveyed his new property.  Hatfield testified that he ignored the prior 1855 survey and surveyed the property lines himself. See “Deposition of Anderson Hatfield,” (attached hereto as Exhibit S).  At around that same time, the Cline boys, Jacob Jr. and Perry, had entered into a timbering venture with Green Taylor. See “Deposition of Jacob Cline, Jr.,” (attached hereto as Exhibit T); see also “Deposition of Perry A. Cline,” (attached hereto as Exhibit U).  Taylor had purchased timber along Mounts Branch (also referred to as Alex Mounts Branch), a small tributary of the Tug River, from Alexander Mounts who had inherited this land from David Mounts. Id.  It is important to note that, while the 1855 survey may have failed to include all of Jacob Cline’s land within its proper boundary, the Mounts Branch was clearly never part of the Cline Lands. See Taylor Depo at 300-302.

During his 1872 survey, Hatfield came upon the Clines who were cutting timber on Mounts Branch and ordered them off of “his property.”  In his deposition, Devil Anse claimed that Mounts Branch was part of the Cline Land.  However, Jacob Cline testified that, on the day of his survey, Devil Anse claimed the Mounts Branch area through adverse possession. Jacob Cline, Jr. Depo (Ex. T, pg 2).  In May, 1872, Hatfield filed an injunction in the Logan County Court against Mounts, Green, Jacob Cline, Jr. and Perry Cline, alleging trespass and damages. See “1872 Hatfield v. Mounts, et al.,” (attached as Exhibit V). 

The alleged “uncertainty” of the Cline/Mounts property line caused a five year delay in the actual recording of the trade of lands between Hatfield and Perry Cline.  That the trade between Hatfield and Cline had already been made by 1872 is clear from multiple witness testimony from the Ellison v. Torpin case, as well as the decision from the West Virginia Supreme Court itself, where it found that the trade had occurred in 1870 or 1871. See Ex. L; see also the 1874 deed between Hatfield & Nighbert (attached as Exhibit W).

In 1876, the Logan County Court ordered a surveyor to survey the contested border and provide a report back to the court. See “1876 Court Order,”(attached hereto as Exhibit X).  In March, 1877, the surveyor provided his survey to the court.  See “1877 Survey,” (attached hereto as Exhibit Y).  A week later, the deed between Hatfield and Cline was recorded.  See Ex. R.

The trade of lands between Hatfield and Perry Cline that is shown in the belated March, 1877 deed did not settle the 1872 injunction suit as alleged by Altina Waller and others.  Instead, that case continued on.  In September, 1878, the original bill of complaint had been lost and Hatfield requested time to file a new copy. See “Sept. 1878 entry,” (attached as Exhibit Z).  The case was continued again in 1880.  (See Ex. AA).  In December, 1881, Hatfield filed a motion to show cause against his own attorney for losing the original copy. (See Ex. BB).  In March, 1882, Hatfield’s motion was granted. (See Ex. CC).  The case lingered on until April, 1889, when the case was dismissed for failure to prosecute.  (See Ex. DD).

III.           PERRY CLINE’S LATER INVOLVEMENT IN THE HATFIELD MCCOY FEUD

 The land dispute was but one of several reasons why Perry Cline sided with the McCoys during the Feud.  As is clear, the land dispute was not without hostility.  As stated by Perry’s brother Jacob Jr., Devil Anse was trying to take the Cline Land, land that had been in the family largely since 1819, “by the muzzle of a gun.”  Devil Anse’s false pretenses regarding an alleged survey by his father, his blatant disregard for the property rights of the Cline boys, the survey stunt in 1872 and claims of adverse possession over the Mounts property, caused Perry’s dislike and possible hatred of Devil Anse.  His hatred of Devil Anse must have fully developed by at least 1874.  In an unrelated lawsuit in Scott County, Virginia, Perry changed his name from Perry Anderson Cline to “Perry F. Cline.”

A second reason for Perry’s animosity towards Devil Anse likely stemmed from the Civil War.  As noted by author, Dean King and others, Perry’s immediate family and the Mounts, his cousins who lived just upriver and around the Peter Creek area, were Unionists whereas Devil Anse was a Confederate and led several raids against the pro-Union residents of the Peter Creek community.  The family of Perry’s future wife, Martha Adkins, was also staunchly Unionist.  Moreover several of Perry’s close relations were killed by Confederate raiders under Devil Anse Hatfield:  Asa Harmon McCoy (brother-in-law); Charlie Mounts (1^st cousin); Asbury Hurley and his son Fleming Hurley (1^st cousins); and Mose Cline, one of the slaves that helped to raise Perry.[14]

Finally, Perry’s nephew Jeff McCoy was killed during the Feud and two of his nieces, Mary McCoy Daniels and Victoria Daniels, were both severely beaten with cow tails by the Hatfield gang. Perry’s close ties with the McCoys and the ferocity of the Hatfield’s actions against his own kin as well as the innocent, including a crippled young girl, Alifair McCoy, and an old lady, Sally McCoy, caused Perry to act decisively to end the Feud with the initiation of the bounty hunters, including the services of his old time friend, “Bad Frank” Phillips.

IV.             PERRY CLINE – LATER LIFE & DEATH

Perry Cline was devoted father and husband.[15]  He was a self-educated man who would eventually become an attorney and an elected leader of the community, both as a sheriff, school commissioner and as a representative in the Kentucky legislature.  Through his efforts, a school for the education of Blacks was created, the “Perry A. Cline School.”  At least one of the Cline’s former slaves, Charity Cline (b. 1799), would live with Perry and Martha through at least 1880.[16]

Finally, his action to obtain and serve the arrest warrants for the vigilante murders of the three McCoy boys, as well as the later warrants for the New Year’s Day murders and attempted murders, would ultimately end the Feud.  Cline would drive Devil Anse Hatfield from Cline’s ancestral lands but Perry would die, prematurely in 1891, of tuberculosis.  However, in a final posthumous triumph, his wife Martha would reclaim a substantial portion of the Cline Home Place tract.

Martha Cline filed a lawsuit in 1894 and claimed that her dower rights to the 1877 deed between the Clines and Devil Anse were violated.  The Mingo County Court of Common Pleas agreed and awarded her a third of the land.  Her portion appears to have been in Delorme.  It also included a log cabin, likely the Cline-Hatfield House. (See Ex. EE).  The cabin had since been abandoned but was still standing for some years thereafter. (See Ex. FF).

In 2012, the University of Pikeville elected Perry A. Cline as part of the 2012 class of the Distinguished Educators Hall of Fame.  Below is the excerpt submitted for Cline, which can also be found at:  http://www.upike.edu/Distinguished-Educators/Inductees

Copyright 2013

 Copyright 2013