From: KyArchives [Archives@genrecords.org] Sent: Saturday, June 18, 2005 10:14 PM To: Ky-Footsteps Subject: Smith.William-Brown.James.1804.Cumberland.DEED William Smith - James Brown April 12, 1804 Cumberland County KyArchives Deed Written: April 12, 1804 Recorded: July 1, 1805 This indenture made this twelfth day of April in the year of our Lord one thousand eight hundred and four. Between James Brown of the City of Richmond and State of Virginia of the one part and William Smith of Cumberland County and state aforesaid and Nathan T hurman of Campbell County of the same State of the other part. Whereas the said James Brown and Andrew Ronald obtained one patent for eight hundred and ninety acres of land bearing date at Frankfort the 9th day of January 1796 which according to a resurvey made by James Scott for Robert Watkins held and nine hundred and fifty five acres which said land from the resurvey aforesaid is supposed to lie up on the north side of Cumberland River in the County of Logan and State of Kentucky. And by the said resurvey appears to be bounded as follows that is to say, Beginning on the bank of the river at a large white oak and beech at the upper side of the first bottom above the mouth of Marrowbone Creek. Thence running down the river bounding thereon viz south 45 degrees and 116 poles south 15 degrees west 45 poles south 55 degrees west 120 poles south 70 degrees west 611 poles north 79 degrees west 94 poles north 711 degrees west 96 poles north 65 degrees west 82 poles crossing a branch north 40 degrees west 264 crossing line branched to a large red oak and beech thence north 50 degrees east 290 poles crossing two branches to two hickories on the cliff of the river binding thereon south 36 degrees east 390 poles to the beginning as by the said survey reference being thereto have now fully will appear and obtained another patent for two hundred and seventy acres of land supposed to be adjoining thereto and which according to a resurvey made by the said James Scott for the said Robert Watkins hold out three hundred and thirty three acres which said land last mentioned from the survey thereof is supposed to be situated and bounded as follows. Beginning at two hickories upper corner to said eight hundred and ninety acres running thence with said line south 50 degrees west 290 poles crossing live branches to a large red oak ash and beech on the bank of the river thence running down with the meanders of the same N110 degrees west 62 poles N 50 degrees west 41 poles north 41 degrees west 80 poles N 50 degrees west 96 poles to three large beeches thence n 110 degrees east 60 poles to an ash and sugar tree (new corner) thence south 73 degrees east to the beginning of which reputed tracts of land the said James Brown owned one undivided moiety and the said Andrew Ronald the other. And whereas the said James Brown hath agreed to sell his moiety thereof to the said William Smith and Nathan Thurman for the sum of four hundred pounds current money of Virginia but without being responsible either for the quantity local situation or title of the said lands. Now this indenture witnesseth that the said James Brown for and in consideration of the said four hundred pounds to him in hand paid by the said William Smith and Nathan Thurman at and before the unsealing and delivery of these presents the receipt whereof is hereby acknowledged hath given granted bargained and sold and by these presents doth give grant bargain and sell and the said William Smith and Nathan Thurman their heirs and assigns forever his said undivided moiety of the said reputed tracts of land to have and to hold the said above granted moiety of the said reputed tracts of land to said William Smith and Nathan Thurman their heirs and assigns forever to the only proper use and behoof of the said William Smith and Nathan Thurman their heirs and assigns forever. But for as much as the said James Brown is not himself acquainted with the said tracts of land or their locate situation it is hereby expressly agreed between the parties to this indenture for themselves their heirs and assigns respectively that the said James Brown and his heirs are not to warrant or assign the title quantity as local situation of the said reputed tracts of land to the said William Smith and Nathan Thurman their heirs or assignees. Nevertheless, however the said James Brown for himself his heirs executors and administrators, covenants and agreed to and with the said Nathan Thurmon his heirs and assigns that in case there should be such lands situated as above mentioned and the title thereto should be read by a better and older title or the quantity thereof should prove to be less then twelve hundred and eighty eight acres as per said resurveys that he the said James Brown his heirs executors or administrators will in ease the whole of the said reputed tracts of land should be evicted by such better and older title repay to the said William Smith and Nathan Thurman their heirs or assignees the said four hundred pounds with six per cent interest thereon from the date of the indenture but in case only part thereof should be evicted by such better and older title then that the said James Brown his heirs executors or administrators will out of the said four hundred pounds repay to the said William Smith and Nathan Thurman their heirs or assignees a sum bearing such proportion to the said four hundred pounds and the interest thereon as aforesaid as his moiety of the part so evicted shall bear to her moiety of the whole of the said reputed twelve hundred and eighty eight acres of land. In witness whereof the said James Brown hath thereunto set his hand and affixed his seal on the day and year first above written. James Brown (seal) Signed sealed and delivered in presence of Virginia Court ala district court held at the capitol in the City of Richmond the thirteenth day of April 1804. This indenture was acknowledged by James Brown a party thereto in testimony whereof I John Robinson Clerk of the said court have hereunto set my hand and affixed the seal of the said court at Richmond aforesaid this first day of July one thousand eight hundred and five. J Robinson State of Kentucky, Cumberland County Court clerk’s office 11th day of November 1805, I John E. King as Clerk to the Court aforesaid do hereby certify that the within indenture of bargain and sale together with the certificates thereon endorsed is duly recorded in my office this day and year above written. John E. King Submitted by: Deborah Parks http://www.genrecords.net/emailregistry/vols/00002.html#0000452 Additional Comments: Cumberland Co KY Deed Book A page 71 This file has been created by a form at http://www.genrecords.org/kyfiles/