Bourbon County,
Kentucky, Court Deed Book 43, pp. 383-384:
April 10, 1849 - Keziah
Brown Heirs to Nicholas Smith Heirs (transcribed by Robert E. Francis November
22, 2000)
This Indenture made and
entered into this 10th day of April in the year of our Lord one thousand eight
hundred and forty nine Between John Brown Eliza Brown Henry Brown Margaret
Brown Edward Brown and Sally Brown Heirs of Kezia Brown dec’d Hez B. Flournoy
Rowland Flournoy Lawrence Flournoy and Jones Flournoy Heirs of Thoedocia
Flournoy dec’d Thomas Chiles William Chiles Thomas Flournoy child and
heir of Solomon Flournoy dec’d who was a child and heir of the said
Theodocia Flournoy dec’d by James M. Arnold a commissioner of the one and
first part and John Smith Joseph Smith Nicholas Smith Margaret Elizabeth Smith
Elias Batterton and Catherine Batterton his wife heirs of Nicholas Smith, Jr.
dec’d a party of the other and second part witnesseth: that whereas in a
suit in chancery depending in the Bourbon Court George Rush &c against
James W. Ingels so it was at the October term 1848 of said court amongst other
things decreed and ordered that the heirs of Keziah Brown dec’d and the
heirs of Theodocia Flournoy dec’d and William and Thomas D. Chiles convey
to the defendants and heirs of Smith by deed of (illegible) and quit claim all
their right title and interest in and to the two hundred sixty one &c
fraction acres of land mentioned in the surveyors report on or before the first
day of the first day (sic) of the necst (sic) Term of this Court and upon their
failure to do as James M. Arnold is appointed commissioner to make said
conveyance for them and the said party of the first part having failed to
comply with said (illegible) nor the said James M. Arnold as commissioner for
the party of the first part in pursuance of said decree and of the statutes in
such cases made and provided of the county of Bourbon and state of Kentucky as
hereby (illegible) release and quit claim and by these presents have remisced
released and quit claimed unto the said party of the second part all that
certain tract or parcel of land situate lying and being in the county of
Bourbon and described in the surveyors report as follows IEF 56732 represents
the land now owned by the heirs of Nicholas Smith when extended so as to bind
on the lines of Peter Smeltzer’s four hundred acres and Chiles eastern
line of his seven hundred acres and contains two hundred and sixty one and a
fourth acres and thirty one poles Together with all the premises rights and
privileges thereunto belonging or in anywise appertaining to have and to hold
the land premises and appertenances aforesaid unto the said party of the second
part their heirs and assigns forever in testimony whereof the said party of the
first part by their said commissioner have hereunto set their hands and seals
the day and year first above written.
John Brown (seal)
Eliza Brown (seal)
Henry Brown (seal)
Margaret Brown (seal)
Edward Brown (seal)
Sally Brown (seal)
Hez B. Flournoy (seal)
Rowland Flournoy (seal)
Lawrence Flournoy (seal)
Jones Flournoy (seal)
Thomas Chiles (seal)
Thomas Flournoy (seal)
The unknown heirs of
Solomon Flournoy (seal)
By J. M. Arnold
commissioner
Bourbon Circuit court sct
April Term 1849
J.M. Arnold as
commissioner escibited the written deed of conveyance which was ecsami ned by
the court approved of acknowledged by said commissioner and ordered to be
certified by record.
Att J. M. Arnold
By J. Paton DC
Commonwealth of Kentucky
and county of Kentucky Sct
I Thomas P. Smith clerk
of the county court of said county do certify that this deed from Koziah Brown
Heirs to Nicholas Smith Heirs was this day produced to me and was with the
certificates endorsed duly recorded in my office. Given under my hand this 11th
day April 1849.
Thomas P. Smith clerk
By Mat Howard DC