Marion County Wills, Deeds & Indentures

 

Contributed By: Judy Bailey
INDENTURE OF LAND DIVISION OF JOSEPH MCCARTY BETWEEN HEIRS
DEED BK.4 187 - PG. 187- 189

This indenture made on the 22nd. day of May 1867 by William B. Harrison as Commissioner of the Marion County Court in the case of Joseph Mc Arty’s heirs on Petition. Wittnesseth that whereas pursuant to the Order of said Court in the above case. F.G. Phillips, Wm. P. Withrow and N.M.A. Withrow as Commissioners made petition of the lands of Joseph Mc Arty deceased among his several heirs hereinafter named, and allotted to them respectively the parcels of land hereinafter described, and which is designated in the Report of said Commissioners, and the plat _____ therewith in said case, and is referred to for greater certainty. That is said Commissioners allotted to Joseph Mc Arty 35 1/2 acres bounded as follows, Beginning at a stake in Lick Run Marked on the plat, beginning, thence S 81 E 121 poles to a stake thence, N 5 W 67 poles to a Passway, thence with the same S 86 3/4 W 79 poles to a stake in Bannister’s line, thence with same S 3 E 17 poles to a walnut, thence S 68 3/4 W 43 poles to Lick Run, thence up the branch S 1 W 14 poles to the Beginning. Also one other parcel Beginning at a stake in the South edge of the Passway, thence S5 E 29 poles to a stake, thence E 60 poles to a stone, thence N 6 E 24 poles to a stake thence, N 12 W 12 poles to an oak thence, N 7 W 27 poles to the Passway thence, with the south side thence, S 81 W 16 poles to a stake thence, S 65 W 42 poles to a walnut thence, S 86 3/4 W 7 poles to the Beginning. Also one other parcel of land bounded as follows. Beginning at the County Road thence, 87 1/2 E 50 poles to a stake in the Original Line of the survey thence, with the same S25 1/2 E 20 1/2 poles to a hickory thence, S 87 1/2 W 56 poles to the County Road and the same N 7 W 20 poles to the Beginning.

And said Commissioners allotted to Elias Mc Arty 15 acres bounded as follows, Beginning in the line next to M. Bannister’s land at a stake thence, with Bannister’s line N 3 W 73 poles to a white oak thence, S 86 1/2 E 34 poles to a stake thence, S 3 E 68 poles to a stake at the end of the Passway S 86 3/4 W 33 1/4 poles to the Beginning. Also 13 acres of land. Beginning at a stake in the edge of County Road thence, S7 E 34 poles to an oak one of the original corners to the whole tract thence, with one of the original lines of the tract N 87 E 70 poles to a hickory stump thence, N 21 1/2 W 38 poles to a hickory thence, S 87 1/2 W 56 poles to the Beginning.

To Green Mc Arty 12 acres bounded as follows. Beginning at a stone corner to Elias Mc Arty and therein with his line S3 E 68 poles to the Passway and with the north side of said Passway N 86 3/4 E 28 1/4 poles to a stone, thence N 3 W 66 poles to a stake thence, N 86 1/2 W 28 1/4 poles to the Beginning. Also 6 1/2 acres bounded as followwith, Beginning at a stake at the County Road S 7 E 20 poles to a stake thence, N 87 1/2 E 50 poles to a stone near a cherry thence N 7 E 20 poles to a stone thence, S 87 1/2 W 54 poles to the Beginning.

To James B. Mc Arty and Edward G. Mc Arty and Felix G. Mc Arty 10 1/2 acres bounded as follows. Beginning at a stake corner to Greens lot thence, S 3 E 66 poles to a stake at the passway thence, N 86 3/4 E 28 poles to the Dower line and with the same N 6 W 18 poles N 14 W 48 poles to a walnut thence, N 86 1/2 W 22 poles to the Beginning. Also 7 acres Beginning at the County Road thence, 87 1/2 & 53 poles to a stake thence, N 7 E 20 poles to white oak thence, N 87 1/2 W 53 to the road and with it 57 W 23 poles to the Beginning.

Also to F. Marion and Mary Lee Mc Arty 28 acres. Beginning at a stake at the Passway thence S 5 E 68 poles to a stone thence, S 81 E 62 poles to a stake at Ben Mc Arty’s lot and with a line of said lot N 5 W 80 poles to the Passway thence, S 86 3/4 W 59 1/2 poles to the Beginning and said Commissioners report having by the report and assigned to Elias a Passway one pole wide; between the lots of land assigned to him as aforesaid, and whereas Mary Ann Coleman and Frank Coleman her husband, Julius A. Goode and Elizabeth Goode her husband, Nancy Milburn & Wm. Moore who are parties to the said petition for the division and heirs of Joseph Mc Arty deceased, whose shares of said land have been allotted by said Commissioners to others of the heirs as shown by said Report and said County Court having directed said W.B. Harrison as Commissioner to make a deed of partition among all the heirs according to the Report. Therefore in consideration of the premises the said Harrison for and on behalf of the several persons to whom said Report allotted land as herein before _____ and on behalf of the other persons above named as heirs of Joseph McCarty deceased hereby as said Commissioner rectifies and confirms the afsd. division and allotment and conveys to the several persons respectively the lands allotted to them as afsd. This ______ is to operate as a deed of partition with the ordinary covenants and stipulations but is in no event to render said W. B. Harrison liable for any matter or thing.
In witness where of as Commissioner for and on behalf of the heirs of J. Mc Arty decedent. I have hereto subscribed my name.

W. B. Harrison Commissioner, for the heirs of Joseph Mc Arty
State of Kentucky, Marion County Sct.

I John Severance Clerk of the Marion County Court: Certify that on the 1st. day of July 1867, the foregoing Deed from W.B. Harrison to Joe McArty heirs was produced in open court and acknowledged by said Marion Court, to be his act and deed. Which was examined and approved by the Court and Ordered to be recorded. I have recorded it and this certificate this 2nd. day of March 1868.
John Severance Clerk

{Transcribed 06/29/03 JGB}

 

 

              

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