Martin Bodine to Frederick Fundy - 9+ Acres

On 12 Oct 1839, Martin Bodine sold the 9 plus acres that included the tan yard he had purchased from his brother Richard Bodine, and the land he had purchased from Henry Crist to Frederick Fundy. The land included a spring, and the deed made clear who had access to that spring and the use of its waters.

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Bullitt County Deed Book I, Pages 217-218

This indenture made and entered into this 12th day of October in the year of our Lord 1839 between Martin Bodine of the one part and Frederick Fundy, both of Bullitt County, Kentucky of the other part.

Witnesseth that the said Martin Bodine, for and in consideration of the sum of $212 to him in hand paid, the receipt whereof he does hereby acknowledge, has given, granted and sold, and by these presents does sell and convey unto the said Frederick Fundy, a certain tract or parcel of land situate lying and being in the county of Bullitt on the waters of Cedar Creek on the south side of Salt River, and bounded as follows, to wit.

Beginning at a dogwood, Crenshaw's and Sheckles' corner, running thence with Sheckles' line East 12 [11] poles to two dogwoods in Hedges' line, thence with the same North 40° West 82 poles to a honey locust at the branch, thence South 50° West 32 poles to a white oak sapling now gone and black walnut near a branch, thence South 33° East 18 poles to a sugar tree in Crenshaw's line, thence with the same North 70° East 14 1/2 poles to a poplar, thence South 35° East [22 poles to a sugar tree, thence South 83° East] 28 poles to a honey locust, redbud and ironwood, thence South 11 poles to the beginning, containing nine acres and a half and 20 poles.

And in addition to the tract above described and bounded, the said Bodine hereby sells and conveys unto the said Fundy a part or strip of ground running from the nearest part of the above tract to the spring in the adjoining tract which has heretofore supplied the tan yard on the tract conveyed with water, and does also hereby convey to said Fundy the use of said spring in common with Lawrence Roby Jr. to whom the said Bodine has sold the balance of the tract; the said path of strip is five feet wide running from the land hereby sold to the spring, but it is not to go within five feet of the spring house as it now stands on the tract sold to Roby, and is attached to and hereby sold and conveyed with the 9 acres 2 quarters and 20 poles of land hereby conveyed with the appurtenances. And Fundy and Roby are to use the spring in common, neither of them hindering or disturbing the other in the enjoyment of the free privileges thereof for the general purposes of these conveyances.

The family living on the place sold to Roby is to have the free use of said spring for ordinary purposes; and Fundy is to have the free use of the spring with the privilege of leading off the water on the path to supply the tan yard on the 9 acres, 2 quarters and 20 poles of land; and no other persons are to be permitted to use and enjoy said spring without the joint consent of Fundy and Roby, or those claiming under them.

Fundy is not bound unless he chooses to do so to move his leading troughs from where they now are, with all and singular the appurtenances to the said tract conveyed or in any wise appertaining. And the said Bodine hereby convenants and agrees to and with the said Fundy that the title to the above bound tract and path with the appurtenances he will forever warrant and defend from himself and his heirs and all and every person claiming [text missing] In testimony whereof has hereto set his hand [and seal] the day and date first above written. (signed) Martin Bodine

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