This indenture made and
entered into this 23rd. day of October, 184l.between
James Howe, James Warnock,and Rebecca "Howe"
Warnock, his wife, Joseph Howe, William Howe, Sally "Howe" Hainey, children
& heirs at law of John W. Howe, dec'd ,by commissioner W. M. Bacon
of Owen County, Kentucky,of the one part and Robert Holbrook of Owen County,
Ky., of the other part. Witnessed that whereas a bill in Chancery was filed
in the Owen County Court in a suit therein in the name of James Watson,
against Robert Holbrook & others, by Robert Holbrook against the heirs
of John W. Howe, dec'd,, in order to obtain a conveyance of a certain tract
of land in cross file and bond mentioned herein. and such proceedings been
had in said suit that at the August term 1841 of said Court, a decree was
rendered therein appointing the above named Bacon a commissioner with power
and authority to convey to the said Robert Holbrook, party of the second
part, the said tract of land in the cross file bond, and decreed mentioned.
Now therefore this indenture, witnesseth that the said W. M. Bacon, commissioner
as aforesaid for and behalf of the parties of the first part, before named
herein, for and in consideration of the promises and the sum of $250.00
in hand paid by the said Robert Holbrook, hath this day bargained and sold,
and by these presents do bargain and sell alein and confirm unto the said
Robert Holbrook, his heirs & assigns, all that tract of land or parcell
of land, lying & being in Owen County, Ky., on Eagle Creek, containing
534 seres, 3 rods & 16 poles and bounded as follows towitt;
Beginning at a stake in
the Holbrook field, thence N 45 East crossing Eagle Creek at 20 poles and
crossing a corner of Holbrook at 52 poles a white oak and a beach to John
Holbrook corner on the back line of Howes Survey 18 poles, thence South
45 East crossing another of John Holbrook's corner at 19 poles, 280 poles
to a hickory and sugartree, thence South 45 West 290 poles to three beaches
on a ridge, near Taylor's fence, thence North 45 West 283 poles to the
beginning, Togeather with all and singular the appurtenance thereunto belonging
or in any way wise appertaining- To have and to hold the said land and
appertainance to the said Robert Holbrook, his heirs and assigns and their
only use and behoof forever, and the said parties afore said of the first
part by the said Bacon Commissioner as afore said, hereby Covenant that
they will warrant the Title to said land against any and all persons claming,
by their or under them or by their ancestors or others, In
testimony, where of the said parties of the first part by Commissioner,
have hereunto set their hands and seals, the day and year afore said.
James Howe
Seal
James Warnock Seal
Rebecca Warnock Seal
Joseph Howe
Seal
William Howe
Seal
Sallie Hainey
Seal
By W.M. Bacon Conanissioner
The foregoing deed from the heirs of John Howe, dec'd, was produced in Court and acknowledged by said Bacon Commissioner, October 28th., 1841 and was recorded on November 10th., 1841.