Hugh Caldwell to John C. Tarr - 23 Feb 1854

Hugh Caldwell of Bullitt County and John Hunter of Wheeling, Virginia sold "two eighths" of their joint Bullitt County holdings to John C. Tarr of Brook County, Virginia. Individually they would later sell the lands to William Patterson. The deed below describes Caldwell's sale to Tarr.

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This indenture made this 23rd day of February 1854 between Hugh Caldwell and Margaret his wife of the county of Bullitt and State of Kentucky of the first part and John C. Tarr of the same county and state of the second part. Witnesseth that for and in consideration of $2625, $1072.56 3/8 of which has been heretofore paid, and the balance of $1552.43 5/8 to be paid to the party of the first pasrt in three annual installments of $517.47 7/8 each, the first of which fell due the 1st January 1853. The second falling due 1st January 1854, and the third on the 1st January 1855 with interest on each of said installments from the 1st day of January 1851, and for which the said party of the second part has executed his three promissory notes to said Caldwell, each dated and drawing interest from the 1st day of January 1851, and for the said said sum of $517.43 5/8 each. They the said parties of the first part have granted, bargained and sold and by these presents do grant, bargain, sell and convey unto the said party of the second part, his heirs and assigns, one undivided eighth part of the following described tracts of land situate in the County of Bullitt and State of Kentucky, namely one tract of about 200 acres more or less on the waters of Crooked Creek with the furnace and machinery and bounded thus.

Beginning at a black oak & two white oaks, thence N 11° W 324.6 poles to a poplar, elm and sugar tree, thence N 79° E 40 poles to an oak and two sugar trees, thence S 11° E 48 poles to a beech, thence N 79° E 40 poles to a hickory and maple, thence S 11° E 40 poles to a mulberry and beech, thence N 79° E 33 poles to two pines and two white oaks, thence S 11° E 48 poles to a stake on the south side of Crooked Creek, thence down the creek 13 poles to a sugar tree, thence up a small drain 48 poles to a stake, thence nearly southeast 18 poles to a stake on the original line which divides David Grable's 200 acres from the other 300 patented to Grable and Francis Shain, thence S 11° E 140 poles to a stake, thence S 79° W 113 poles to the beginning.

Also another tract of 5000 acres more or less on the waters of said Crooked Creek, thus bounded. Beginning at Dennis Simmons' southwest corner at two white oaks and small hickory, thence East with Lenham's line 850 poles to two cedars and poplar, thence North 980 poles to a white oak and hickory and beech, thence West 350 poles to a white oak, thence S 85° W 75 poles to Paul Froman's corner at two white oaks and dogwood, thence the same course with Froman's line 320 poles to two white oaks course continued in all 630 poles to John Ray's line at a white oak, thence with Ray's line S 11° E 125 poles to three white oaks, thence S 79° W 215 poless with Ray to a corner of Richard Morton's 500 acre survey on Crooked Creek, an ash and two sugar trees, thence with Morton S 11° E 48 poles to two beeches, thence N 79° E 40 poles to a white oak and maple, thence S 11° E 40 poles to a mulberry and beech, thence N 79° E 116 poles to a beech and white oak, thence S 11° E 50 poles to a black oak, thence N 70° E 378 poles to an oak and dogwood, thence S 20° E 127 poles to two white oaks and a pine, thence S 70° W 215 poles to Richard Morton's line at a white oak, thence S 11° E 90 poles to a black oak and beech, thence S 79° W 100 poles to Dennis Lenham's line at a black oak, thence with said Lenham's South 395 poles to the beginning.

Also another tract of about 2000 acres more or less bounded as shown by the survey of Charles West.

Also one other tract being the undivided half of the Dry Lick tract, formerly owned by General Walton, which tract contained about 7880 acres sold by John Pope and wife to John H. Baker and Thomas Joyce, this moiety the eighth part of which is now sold and conveyed, is supposed to contain 3800 acres, be the same more or less, and on which is situated the Salt River Furnace and machinery one eighth part of which is conveyed with said land. But out of this last named tract is excepted about 300 acres heretofore sold and conveyed by Quirey and Tyler to Vincent Steward, and also fifty acres sold to William Dalton on the top of the hill back of the furnace, and there is also excepted out of said 5000 acre tract 350 acres heretofore conveyed by Randolph Railey to John Snellenbarger.

All of the foregoing property conveyed by the Shepherdsville Iron Manufacturing Company to Emory Low by deed of the 4th of November 1850, and by the said Low to the said party of the first part and John Hunter by deed of the 1st of January 1851, both of record in the office of the Bullitt County Court and referred to and the object of this indenture is to convey to the said John C. Tarr an interest of one undivided eighth in all said described property.

And the said parties of the first part for and in consideration of the sums in the beginning of this deed recited and that hereafter to be alluded to do hereby transfer, convey and assign over to the said party of the second part, his heirs and assigns one undivided eighth part of the before described property and the said parties of the first part for themselves, their heirs do covenant and agree with the party of the second part, his heirs &c that they will warrant and defend the title to the said property unto the said party of the second part against the claims of all persons claiming by, through or under them, but against no one else.

And it is understood that the interest hereby conveyed is a sale in gross, and in case of failure of title to any part of said land or deficiency in quantity the said party of the second part is to look to the representatives and heirs of Emory Low and not to Caldwell, and to enable him fully to avail himself of the benefits of the covenant of warranty from said Low to the party of the first part (which are hereby assigned and transferred to said Low) the said Caldwell doth hereby invest the said party of the second part with full right, power and authority to sue in his name by any lawful and proper suit or suits for any defect or failure of title or deficiency in quantity of land, but at the proper costs and charges of the said party of the second part. Yet nevertheless, it is understood and agreed between the parties that the said Caldwell retains upon the land a lien wit hall the force and effect of an express mortgage as a security for the punctual payment of the three notes and interest above referred to. And it is also agreed that if the said Low's representatives demand and recover of the said Caldwell interest for say 13 months upon $517.64 part of the sum recited in the beginning hereof as paid, that the said Tarr will pay the same with costs if any to the said Caldwell. In witness whereof the parties have hereunto set their hands and seals the day and year first above written. (signed by the Caldwells)