This indenture made and entered into the 18th day of August
One thousand eight hundred and forty eight Between Orlean Bishop commissioner
under a decree of the Hopkins Circuit Court of the one part and Nathan
A. Hibbs of the County of Hopkins and State of Kentucky of the other part
Witnesseth whereas in a suit in chancery pending in the Hopkins Circuit
Court between Nathan A. Hibbs and Nancy Hibbs his wife late Utley
child and heir of George Utley dec’d complainants and William Utley, Mary
Utley, Redmond Utley, Sarah Utley, John Utley and Theodure Utley infant
heirs of George Utley deceased and Royal Utley administrator of said
decedent George Utley Defendants at the September term of the said Court
1847 a decree in substance as follows was pronounced, to wit, " This day
came the Complainants by their counsel and suggested that since the institution
of this suit the defendant Mary Utley hath departed this life where upon
it is ordered that this suit abate as to her and it appearing to the satisfaction
of the court that the process in this cause has been regularly served upon
the defendant Royal Utley, Administrator of George Utley deceased, deceased
before the last term of this Court and he having failed to answer complainants
bill herein, it is ordered that the same be taken as true and confessed
as to him and thereupon this cause came in to be heard upon the bill taken
for confessed aforesaid and upon the arrived deposition and exhibits filed
in this cause and the Court being now sufficiently advised of and concerning
the premises herein do order abridge and decree that the lands contained
in the Exhibits (1), (2), and (3) filed herein and the negro man
Bob mentioned in complainants bill be sold on a credit of twelve months
at the Courthouse door in the town of Madisonville Ky on a County Court
day for the purpose of a division between the heirs of the said George
Utley.
It is further ordered adjudged and
decreed that Orlean Bishop be and he is hereby appointed a commissioner
to carry this decree into effect and that he advertize the time and place
of said sale by written notice posted on the door of the Courthouse in
the town of Madisonville Ky and at three other public places in Hopkins
County fifteen days previous to said sale. It is further ordered
adjudged and decreed that the said commissioner be allowed ten dollars
for his services in carrying this decree into effect to be paid by Complainants
and taxed in the bill of costs.
It is further ordered and decreed
that he take notes payable to himself as Commissioner for the use and benefit
of George Utley heirs with one or more good securities for the purchase
of said property and this cause is continued until the March term
And whereas the said Bishop Commissioner
as aforesaid after having advetized as required by said decree did
on the 13th day of December 1847 being a County Court day expose the said
lands to sale as required by said decree when Nathan A. Hibbs being the
highest and best bidder became the purchaser of the lands described in
exhibits 2 and 3 viz 155 acres in deed from Grace and wife and 75 acres
in deed from Hugh Kirkwood at the sum of six hundred and five dollars for
which said Nathan A. Hibbs with Talbot Hibbs his security executed bond
as required by the decree. And Talbot Hibbs being the highest and
best bidder became the purchaser of land in exhibit (1) being 100 acres
in deed from Christopher Wetzell at the sum of seventy one dollars for
which sum said Talbot Hibbs with Nathan A. Hibbs his security executed
bond as required by the decree
And at the March Term of said Court
1848 after report of said sale having been returned an order was
made in substance as follows, to wit, "And thereupon it is ordered and
decreed that the said Commissioner be and he is hereby authorized and directed
to convey the lands sold by him to the purchasers by deeds with the clause
of general warranty on the part of the heirs of George Utley deceased retaining
a lien for the purchase money. And whereas Tolbert Hibbs executed
an instrument of writing in substance as follows, to wit,
Orlean Bishop Commissioner- Sir Nathan
A. Hibbs having agreed with me to pay off and discharge the bond executed
by me at sale of the lands of George dec’d made by you as Commissioner
under a decree of the Hopkins Circuit Court for seventy one dollars for
the purchase of 100 acres of said land you will please make the deed of
conveyance for the said 100 acres of land to him said Nathan A. Hibbs
this 11th day of August 1848.
Tolbert Hibbs
Now this indenture witnesseth that
the said Orlean Bishop Commissioner as aforesaid for and in consideration
of all the foregoing premises and more particularly for and in consideration
of the sum of six hundred and seventy six dollars the aggregate amount
of the purchaser aforesaid secured to be paid as aforesaid hath granted
bargained and sold and by there prescrits doth grant bargain sell and convey
unto the said Nathan A. Hibbs and his heirs forever the lands aforesaid
and which are described in the exhibits aforesaid as follows in exhibit
(1) a certain tract of land situated, lying and being in the County of
Hopkins on the waters of Richland Creek a branch of Clear Creek containing
100 acres and bounded as follows, to wit, Beginning at a hickory and a
black oak standing in Hornbuckles line and corner of Timothy Sisks
survey, running with his line south 40 poles to two white oaks, thence
E 16 poles to a white oak and dogwood, thence south 170 poles with another
of Timothy Sisks lines to a hickory and white oak on a ridge, thence west
83 poles to two white oaks, thence N 210 poles to a stake in Hornbuckles
line, thence with his line east 70 poles to the beginning.
In exhibit (2) " a certain tract or
parcel of land situated lying in the County of Hopkins and state aforesaid
containing seventy five acres bee tere the same more or less and bounded
as follows (to wit) Beginning at to white oaks and hickory standing in
John Downeys line, thence West 158 poles to a dogwood, hickory and black
oak in a line of John Downey 100 acres survey, thence North with said Downeys
survey 42 poles to a white oak corner of Timothy Sisk 20 acre survey tere
thence so as two include said survey bounded with said survey til it strikes
said Downey line thence South with said Downey line too the beginning.
In exhibit (3) " a certain tract or parcel
of land containing one hundred and fifty five acres by survey be the same
more or less situate lying and being in the County and State aforesaid
on the waters of Richland Creek and bounded as followeth (to wit) Beginning
at two elms and dogwood on the bank of a branch running N 28 poles to a
white oak and black oak, thence West 228 poles to two black oaks and post
oak, thence South 28 poles to a white oak and two black oaks, thence West
40 poles to a black oak, thence South 78 poles to thre white oaks, thence
east 205 poles to a cherry tree, thence N 10 poles to a black oak and dogwood
on the bank of said branch, thence down the several meanders thereof to
the Beginning with their and each of their appurtenances to have and to
hold the lands described as aforesaid unto the said Nathan A. Hibbs and
his heirs and forever to his and their only proper use and behoof
forever.
And the said Bishop Commissioner as aforesaid
for the heirs of the said George Utley dec’d their heirs and the before
described lands against the claim or claims of all and every person and
persons what ever will warrant and forever defend in as full and ample
a manner as the said Commissioner in can or ought to warrant and defend
the same on the part of the said heirs (however any liability on the part
of the said Commissioner in any event whatsoever) a lien however is retained
on the said lands for the purchase money for the same.
In witness of all which the said Orlean
Bishop Commissioner as aforesaid hath hereunto subscribed his name and
affixed his seal the day and year first herein written.
Orlean Bishop Com.
Kentucky
Hopkins Circuit July term
2nd July 1849
This Indenture was this
day produced in Court by Orlean Bishop the Commissioner whose name is thereto
subscribed and acknowledged by him to be his act and deed and the same
being examined and approved by the Court was ordered to be certified to
the Clerk of the County Court of Hopkins County for record where the premises
lie.
Att Sam Woodson Clk
Kentucky
Hopkins County Clerks Office
13th July 1849
This Indenture was this
day produced to me and together with the Certificate of the Clerk of the
Hopkins Circuit Court thereon endorsed authenticating the same and this
certificate duly admitted to record in my office.
Att Sam Woodson Clk
Hopkin Co Court