Anderson Heirs to Thompson & McDonald - 250 Acres

In 1872, the land inherited by Susan J. Anderson and the children of William and Ann Shain was sold via the Circuit Court to a group of men from Louisville represented by R. H. Thompson and E. H. McDonald.

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Bullitt County Deed Book T, Pages 110-114

This indenture entered into this fourth day of June 1872 between Susan J. Anderson, Susan B. Shain and Ruana Anderson and Phil Lee Shain parties of the first part by W. J. McConathy, Master Commissioner of the Bullitt circuit court, and R. H. Thompson and E. H. McDonald, trustees and parties of the second part, and James H. Huber, Robert Atwood, C. O. Smith, S. M. Lamont and McCormick company the firm of Lamont and McCormick, E. H. Paine, G. H. Moore, J. P. McAfee, E. H. McDonald, J. Charles Canon, R. H. Thompson, M. Muldoon, Bennett H. Young and R. A. Robinson, all of the city of Louisville of the third part.

Witnesseth that whereas on the 24th day of October 1871, a petition was filed in the Bullitt Circuit Court by S. A. McKay, statutory guardian of Susan B. Shain and Phillip Lee Shain against Susan J. Anderson praying for a sale of the tracts of land in said petition set forth and herein after described and conveyed.

And whereas said Susan J. Anderson filed an answer in said suit on 25th day of October 1871, setting forth that she is a joint owner with said plaintiffs of said land, and therein consenting to and asking a sale of her interest in said land with the interest of said infants.

And whereas on the 16th April 1872, Isaac S. Collings, statutory guardian of Ruana Anderson filed his petition setting forth a contigent interest of his ward in said land, that is in 60 acres of same, and consenting to and praying a sale of the interest of his said ward therein.

And whereas on the 2nd day of November 1871, said S. A. McKay, guardian, filed in court his bond conditioned as required by the 86th Chapter Rev. Stat. which land was approved by the court; and whereas said Isaac S. Collings, guardian, filed his bond conditioned as required by the statue on 16th April 1872; and whereas on 17th day of April 1872, H. B. North, G. C. Shanklin and W. B. M. Brooks were appointed by the court commissioners to report the net value of the infants, Susan B. Shain, Philip Lee Shain, and Ruanna Anderson's real and personal estate, and the annual profits thereof &c; and whereas said commissioners after having been first duly sworn did on the 18th April 1872 file their report herein setting forth that said sale would redound to the interest of said infants &c; and whereas on the 18th April 1872, this cause was submitted on the petition and amended petition of the guardians aforesaid, and the answer of Susan J. Anderson and the report of commissioners and exhibits therewith filed, and the court being fully advised, adjudged and decreed that the tract of 190 acres of land, more or less, lying near Huber's Station on L. & N. R. R. owned jointly one half by Susan B. Shain & Phillip L. Shain and the other half by Susan J. Anderson be sold; and also the tract of 60 acres more or less adjoining said tract of 190 acres owned by Susan B. Shain, Phillip Lee Shain, and a contingent interest therein owned by Ruana Anderson, be sold.

And whereas a sale of said land was directed to be made at public auction at the courthouse door in Shepherdsville on a day to be fixed by the commissioners upon the terms in the decree mentioned, reserving the Anderson family burying ground containing about one-half acre directed not to be sold by the commissioner.

And whereas W. J. McConathy, master commissioner of said court did after duly advertising as directed in said decree the time and place and terms of sale, on the 20th day of May 1872, offer the said lands for sale, and the said parties of the third part became the purchasers of the tract of 190 acres, more or less, for the sum of $8217.50, that being the highest bid for the same; and also tof the 60 acre tract, more or less, for the sum of $2160, that being the highest and best bid therefore, and did execute their bonds in accordance with the terms of said decree with W. W. Jenkins as surety, all of which was duly reported to the court by said commissioner on the 3rd day of June 1872, and Susan J. Anderson, and Philip Lee Shain and Susan B. Shain by their guardian, and the purchasers by R. H. Thompson their attorney consenting thereto, the said sale was confirmed by the court.

And R. H. Thompson having filed in court a warrant of attorney signed by all of the parties of the third part, praying the court to cause a deed of conveyance to be executed to said R. H. Thompson and E. H. McDonald as trustees for the said parties of the third part, and setting forth the respective interests of said parties in said purchase, and the court having on said day ordered a deed of conveyance to be executed to said R. H. Thompson and E. H. McDonald for said property, conveying the same to them to be held by them or the survivor of them as trustee for the said parties of the third part according to their respective interest in said purchase.

Now in consideration of the premises and the further consideration of the sum of $8217.50 paid and to be paid by the parties of the third part as follows, to wit: the sum of $821.75 evidenced by the bond of the parties of the third part bearing date 20th day of May 1872, and payable to S. A. McKay on the 3rd of June 1872, and this day paid into court in full, the receipt whereof is hereby acknowledged and the bond of the said parties of the third part, dated 20th day of May 1872, for the sum of $3697.87, payable 12 months after date to S. A. McKay; and the bond of said parties of the first part bearing date 20th May 1872, adn payable 24 months after date to S. a. McKay for the like sum of $3697.87, a lien to secure the payments of the two last mentioned bonds is hereby reserved upon said lands, I do hereby grant, bargain, sell and convey unto R. H. Thompson and E. H. McDonald and their heirs and assigns and to the heirs and assigns of the survivors of them for the uses and trustees herein after mentioned, all the right, title and interest of the said Susan J. Anderson, Susan B. Shain, Phil Lee Shain and Ruanna Anderson in and to the said tract of 190 acres of land, more or less, in the said petition and amended petition and exhibits and decree mentioned and more particularly herein after described.

And for the further consideration of sum of $2160 to be paid by the parties of the third part, according to the tenor and effect of the following described bonds, to wit: two bonds executed by the parties of the third part, dated 20 May 1872 and payable respectively 12 and 24 months after date to W. J. McConathy, commissioner for $1080 each for payment of which a lein is retained, I do hereby grant, bargain, sell and convey unto the said parties of the second part, their heirs and assigns of the survivor of them, for the use and trusts hereinafter mentioned all the right, title and interest of the said Susan J. Anderson, Susan B. Shain, Phillip Lee Shain and Ruanna Anderson in and to the said trac of 60 acres of land in the said petition, amended petition and exhibits mentioned, the said traccs of 190 and 60 acres being the same tract of 300 acres conveyed in the deed herein referred to as exhibit "A" to the petition from Thomas W. Riley, executor of John Anderson dec'd to James H. Anderson, Susan J. Anderson, and Anna E. Shain, and described in said deed as follows.

Beginning at a stone in the Louisville and Shepherdsville Road, corner to Armstrong's heirs, thence North 98 poles to a stone in said road, corner to Rogers' and Harrison's lands, thence West 96 7/10 poles, thence South 80 3/4° West 264 poles to a dead forked white oak (now down), thence South 83° East 149 poles to a stake in a hollow (red and white oak marked as pointers), thence North 80 3/4° East 343 poles to the beginning, except 47 acres of said tract sold by decree of this court in the case of James H. Anderson, administrator against J. H. Anderson's heirs and creditors, and three acres sold by decree of this court in the same suit.

Said deed from Thomas W. Riley, executor to James H. Anderson, Susan Anderson and Ann E. Shain is recorded in the county clerk's office of Bullitt County in deed book __, page __, and is hereby referred to and made part hereof for more particular description of the land herein conveyed.

To have and to hold the said tracts of 190 acres and 60 acres more or less with the tenements and appurtenances thereon to the said R. H. Thompson and E. H. McDonald, their heirs and assigns, and the heirs and assigns of the survivors of them for the use and trust hereinafter mentioned and for the purposes, hereinafter expressed, limited and described, viz.

To the use of the parties of the third part to permit said parties of the third part to use, occupy, possess, enjoy, rent and build upon the said lands in any manner the said parties of the third part may deem meet. And upon the further trusts to make, execute, deliver and acknowledge at the expense of said parties of the third part any deed or deeds with covenants of warranty instrument or instruments to grant, transfer and convey unto such person or persons as the said parties of the third part shall at any time and from time to time direct and appoint, the whole or any part of said land and tenements for such estate and interest and in such share and proportions and upon such trusts and interests and purposes and charged and chargeable in such manner and either conditionally or absolutely and subject to such power of revocation and new appointment and other powers, conditions, restrictions and limitations as said partiess of the third part may and shall at any time direct, appoint and order.

And the said R. H. Thompson and E. H. McDonald for themselves, their heirs and executors and assigns do hereby covenant with the parties of the third part and with their heirs, executors &c and with each of said parties of the third part severally that the and the survivors of them, his heirs and shall and will well and faithfully perform and execute all and singular the trusts, confidences and authorities in this instrument by them respectively to be performed and executed, and shall and will obey and execute from time to time the directions and agreements of the said parties of the third part touching the lands and tenements aforesaid, and the sale, disposal, occupancy and managemen thereof, which they may be respectively required to perform and execute so that the same may be lawfully done and be done at the expense of the parties of the third part.

In testimony whereof witness the signatures of the parties of the first part by said commissioner the day and year first above written.

(signed) Susan J. Anderson, Phillip Lee Shain, Susan B. Shain, Ruana Anderson; all by W. J. McConathy, master commissioner of Bullitt Circuit Court.

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