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John Hill vs. James Downing heirs, 27 February 1827,

Madison Co., KY, Book Y:34-36.

 

This Indenture made and entered into this 27th day of February 1827 by and between Edmund L. Shackelford as Commissioner appointed by an interlocutory decree of the Madison Circuit Court at their September Term 1825 in the suit in chancery therein pending wherein John Hill is complainant and James Downing heirs and other as defendants of the one part and the said John Hill of the other part witnesseth that whereas by said interlocutory decree said James Downing heirs are directed to convey to the complainant the land in the Bill and holdings? mentioned in said suit on or before the 1st day of the next February Term of the Madison Circuit Court thereafter and upon their failure so to do, the said Edmund L. Shackelford was appointed to make said conveyance for them and the said heirs having failed to convey in pursuance of said decree now this writing further witnesseth that the said Edmund L. Shackelford, as Commissioner as will for and in consideration of the sum of one dollar to him in hand paid as the power and authority in him vested by said decree has this day for and on behalf of the defendants, Thomas Cockran and Margaret his wife, Thomas Thompson and Elizabeth his wife, James Bland and Silvia his wife, Samuel Finley and Patsey his wife, Isaac Preston and Sally his wife, Rachael, Celia, Sidney and James Downing and Johnson and Nancy his wife heirs and representatives of James Downing deceased granted bargained and sold and by these presents do grant bargain sell and convey unto the said James Hill his heirs and assigns the tract of land in said bill and proceedings mentioned lying in the County of Madison, on the waters of Paint Lick Creek being part of a survey of seven hundred acres made by said James Downing deceased and bounded as follow to wit:

 

(description...includes reference to Craigs old survey)

 

to the beginning containing two hundred acres more or less together with all and singular the appurtenances thereunto belonging. To have and to hold unto the said John Hill his heirs and assigns forever and to his and their only proper use and behoof and the said Edmund L. Shackelford as commissioner afsd does hereby covenant and agree with the said John Hill for and on behalf of the said Cockrans wife Thompsons wife Bland and wife Finley and wife Preston & wife Johnson & wife Rachael, Celia and Sidney Downing part of the heirs and representatives of said James Downing decd that they the said last mentioned heirs will warrant and defend the title of said tract of land above described against the claim or claims of all persons claiming by through or under them but against the claim or claims of no other person or persons and the said Edmund L. Shackelford does hereby covenant and agree with the said John Hill his heirs and assigns for and on behalf of James Downey the other heir and representative of said James Downey decd that he the said James will warrant and defend the title of said tract of land against the claim or claims of all and every person or persons whatever.

But it is to be understood that he the said Edmund L. Shackelford only binds himself and conveys in his official capacity as commissioner for said. In testimony whereof the said Edmund L. Shackelford has hereunto set his hand and affixed his seal the day and year first above written.

 

E. L. Shackelford Comr

 

Madison County Sct?

I David Irvine Clerk of the Madison Circuit Court do certify that this deed from James Downeys heirs by Edmund L. Shackelford as commissioner to John Hill was acknowledged in open Court on the 27th day of February 1827 by the said Shackelford to he his act and deed which deed was also confirmed and ordered to be recorded which has been done accordingly in my office.

Att David Irvine CMCC

 

State of Kentucky

Madison County

I David Irvine Clerk of the Court for the County aforesaid do hereby certify that this deed of conveyance together with the foregoing certificate thereon endorsed was produced to me in my office on the 30th day of August 1839 and by virtue of said certificate the said deed and certificate have been duly recorded in my office.

Att David Irvine CMCC

 

(strikingly similar to deed recorded Z:66-68)

 

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aaa0366