Ben Doom's Heirs & Assigns to E. B. Smith - Multiple Tracts

Ben Doom operated a successful tanyard in the Cane Springs area prior to his death, but his heirs and others were less successful; and by 1866 they were in debt to multiple businesses and individuals, leading to lawsuits in three counties. Circuit Courts in Jefferson, Nelson and Bullitt counties issued orders to have their Bullitt County lands sold to pay these debts. It appears from the following deed that E. B. Smith, a Bardstown merchant, held much of this debt, and he was also the purchaser of the various tracts.

A part of these tracts would later in 1884 be purchased by Austin Speed, a Louisville businessman.

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Bullitt County Deed Book Q, Pages 453-457

Whereas heretofore to wit, on the 7th March 1866 there issued from the office of the Jefferson Circuit Court an execution venditioni exponas No. 367 directed to the Sheriff of Bullitt County commanding him to expose to sale the estate of J. M. Doom viz. The brick dwelling and seventy acres of land lying in Bullitt County, Ky., levied on the property of J. M. Doom to satisfy J. B. Mann the sum of $3681.30 with interest from the 30 August 1862, and also $11.65 costs, which said execution came to the hands of Thomas J. Hall, Sheriff of Bullitt County on the 7th day of March 1866 and was endorsed by the said Mann for the benefit of E. B. Smith as appears by endorsement on the back of same.

And whereas on the 26th day of March 1866 there issued from the office of the Bullitt Circuit Court and execution venditioni exponas No. 1769 directed to the Sheriff of Bullitt County commanding him to expose to sale the estate of James M. Doom, E. B. Smith and John Hunder viz. The house and lot of J. M. Doom and 20 acres of land on which he now lives and is the same property that the execution No. 1119 and V.E. No. 1146 was levied upon to satisfy Davis Green & Co. (for the benefit of E. B. Smith) the sum of $592.70 with interest from the 9th November 1860 and $2.10 costs, which said execution came to the hands of said Hall, S.B.C. on the 26 March 1866.

And whereas on the 23rd February 1866 there issued from the office of the Bullitt Circuit Court and execution "fiere facias" on replevin bond No. 1766 in favor of Sandford Collings against the estate of J. M. Doom and E. B. Smith security for the sum of $1462.51 with interest thereon from the 9th July 1863 and 60 cents cost which came to the hands of said Hall, Sheriff as aforesaid, on the 27th day of February 1866 and by him levied as appears by endorsement thereon in the following words and figures to wit.

"March 26th 1866, levied this execution on the brick dwelling and 70 acres of land subject to 2 venditioni exponas, one No. 1769 in favor of Davis Green & Co., the other No. 367 in favor of J. B. T. Mann & 1/4 interest in Cane Spring tan yard, and 20 acres of land. Thomas J. Hall, S.B.C."

Which said property was by said Sheriff sold on the 16 April 1866 as shown by return of sale endorsed thereon as follows to wit.

"April 16th 1866. After advertising according to law, I sold the property which this execution is levied upon to wit, the brick dwelling and 70 acres of land, the interest of 1/4 in the tan yard, and 20 acres of land, at the courthouse door in the town of Shepherdsville on the first day of April Circuit Court, there being 2 venditioni exponas, one 1769 issued from the office of the Bullitt Circuit Court, the other No. 367 which was issued from the office of the Jefferson Circuit Court levied on the brick dwelling and 70 acres of land, E. B. Smith being the highest and best bidder became the purchaser; the brick house and land selling for $6667 which satisfies the 2 venditioni exponas and pays $1347.52 on this execution. The 1/4 interest in tan yard sold for $667. After deducting Sheriff's commission, leaves balance of $335.35 on sale of tan yard and 20 acres of land to be credited on sundry executions which were levied subject to this. Thomas J. Hall."

And whereas on the 22 March 1866 there issued from the office of the Nelson Circuit Court directed to the sheriff of Bullitt County the following execution fiere facias one No. 2138 in the name of Queen & Co. (for the benefit of E. B. Smith) against the estate of James M. Doom, Cassandra Doom, E. B. Smith and John Hunter for the sum of $2239.20 with interest from the 20th day of May 1862 and $1.70 costs; one No. 2129 in the name of A. C. Wilson (for the benefit of E. B. Smith) against the estate of E. B. Smith and J. M. Doom, executors of Ben Doom dec'd, and J. M. Doom and John Hunter for the sum of $2523.73 with interest from the 25th May 1860 and $2.30 costs; on No. 2130 in the name of W. W. Metcalf, guardian for James Cotton (for the benefit of E. B. Smith) against the estate of J. M. Doom for the sum of #1310.96 with interest from te 25 March 1864 and $29.50 costs; and one No 2131 in the name of Wilson & Johnson (for the benefit of E. B. Smith) against the estate of J. M. Doom and J. C. Wickliffe for the sum of #310.16 with interest from the 25th May 1860 and $1.70 costs; each returnable on the 14th day of May 1866, and came to the hands of Thomas J. Hall, Sheriff as aforesaid, who levied the same as appears by endorsement thereon on the 26th day of March 1866 on the brick dwelling where J. M. Doom now lives and 70 acres of land subject to venditioni exponas No. 1769 in favor of Davis Green & Co., and venditioni exponas No. 367 in favor of J. B. T. Mann and execution No. 1766 in favor of Sanford Collings herein before referred to; also on the interest of 1/4 of J. M. Doom in the Cane Spring tan yard and twenty acres of land; also on 1/4 interest in 7000 acres of land, all of which lies in Bullitt County, Ky., and levied on by me as the property of J. M. Doom. Thomas J. Hall, S.B.C."

All the before named property having been first appraised as appears by report of appraisers attached to execution No. 1769 in favor of Davis Green & Co., and which is in the following words and figures, to wit.

"The undersigned appointed and sworn as appraisers by Thomas J. Hall, S.B.C. to appraise the brick dwelling and seventy acres of land where J. M. Doom now lives on which there are sundry executions levied upon for the benefit of E. B. Smith and others at $10,000 this 16th April 1866. (signed) W. Carpenter, William Crenshaw"

"The undersigned appointed and sworn as appraisers by Thomas J. Hall, S.B.C. to appraise the 1/4 of 7000 acres of land as the property of J. M. Doom on which there are sundry executions levied upon, at $7000 for the whole 7000 acres of land. 16th April 1866. (signed) W. Carpenter, William Crenshaw"

"The undersigned appointed and sworn as appraisers by Thomas J. Hall, S.B.C. to appraise the Cane Spring tan yard and 20 acres on which said tan yard is situated on which there are sundry executions levied upon, at $4000 for the whole. 16th April 1866. (signed) W. Carpenter, William Crenshaw"

And on the 16th day of April 1866, being the first day of the April Term of the Bullitt Circuit Court, and between the teste and return day of said various executions, the said Hall, Sheriff as aforesaid, sold said property as appears by his return appended to one of said executions; which return is as follows to wit.

April 16th 1866. After advertising as the law provides, I sold the property herein described on the 1st day of Circuit Court, the within 4 executions: No. 2130 which issued from the office of the Nelson Circuit Court on the 22 March 1866 in favor of W. W. Metcalfe, guardian for James Cotton, for the benefit of E. B. Smith, & No. 2129 which issued from the office of the Nelson Circuit Court on the 22 March 1866 in favor of A. C. Wilson vs E. B. Smith and J. M. Doom, executors of Ben doom dec'd, & John Hunter for the benefit of E. B. Smith, and Execution 2128 which issued from the office of the Nelson Circuit Court on the 22nd March 1866 in favor of Queen & Co. vs James M. Doom, Cassandra Doom, E. B. Smith and John Hunter for the benefit of E. B. Smith, and execution No. 2131 which issued from the office of the Nelson Circuit Court on the 22nd day of March 1866 in favor of Turner, Wilson & William Johnson vs J. M. Doom and J. C. Wickliffe for the benefit of E. B. Smith.

The 4 execution herein named were levied together and subject to venditioni exponas No. 1769 which issued from the office of the Bullitt Circuit Court on the 26th day of March 1866 in favor of Davis Green & Co. for the benefit of E. B. Smith, and venditioni exponas No. 367 which issued from the office of the Jefferson Circuit Court on the 7th March 1866 in favor of J. B. T. Mann; also execution No. 1766 which issued from the office of the Bullitt Circuit Court on the 23rd of __ in favor of Sandford Collings vs J. M. Doom & E. B. Smith.

I sold the property described as levy shows on execution, to wit; the brick dwelling and 70 acres of land, and E. B. Smith being the highest and best bidder at $6667. I then sold J. M. Doom's 1/4 interest in Cane Spring tan yard and 20 acres of land, E. B. Smith being the highest and best bidder at $667. I then sold J. M. Doom's 1/4 interest in 7000 acres of knob land, E. B. Smith being the highest and best bidder at $1167; total $8501.00 which paid off the venditioni exponas No. 1769 & 367 and execution No. 1766 and after deducting Sheriff's commission of $24.36, pays $488.19 on execution in favor of Queen & Co.; Sheriff's commission of $28.03 pays $606.35 in execution in favor of A. C. Wilson; Sheriff's commissionn of $16.71 pay $261.86 on execution in favor of W. W. Metcalfe; Sheriff's commission of $4.60 pays $72.15 on execution in favor of Wilson and Johnson; debts being due to E. B. Smith.

I took no bond, valuation of property returned with venditioni exponas No. 367 in favor of Davis Green & Co. in the office of the Bullitt Circuit Court. (signed) Thomas J. Hall, S.B.C.

And whereas it appears by comparison of the valuation of the property and the sums bid therefore by the said Smith that the brick dwelling and 70 acres of land, said Doom's interest of one-fourth in the Cane Spring tanyard and 20 acres of land thereto attached, and his interest of 1/4 in 7000 acres of land in the levies and returns of the sheriff described, sold for more than two-thirds of their valuation and not subject to redemption, and the purchaser, the said E. B. Smith, demanding a conveyance of said property, now.

This indenture made and entered into this eighth day of August 1866 between Thomas J. Hall, Sheriff of Bullitt County, of the one part and E. B. Smith of the other part.

Witnesseth that for and in consideration of the premises herein before recited, the levies, sales, purchase, &c that the said Hall, sheriff as aforesaid, by virtue of the authority by law conferred on him has granted, bargained and sold, and by these presents do grant, bargain, sell, convey and confirm unto the said Smith, his heirs &c, the brick dwelling house and 70 acres of land on which the said J.M. Doom resides; also the interest of 1/4 owned by the said Doom in the Cane Spring tanyard and 20 acres of land thereto attached; also the interest of 1/4 held by the said Doom in a tract of 7000 acres of land in Bullitt Coumty, being the same property described in a deed of partition between W. H. and J. M. Doom of record in the office of the Bullitt County Court, Deed Book N, page 460; and in regard to the two named tracts of 20 acres and 7000 acres, is the same described in the deeds of said J. M. Doom to C. j. Clarke, James Gambel and __ Taliafero recorded in said last named office, Deed Book O, pages 465-468 conveying to said Clark, Gambel and Taliafero an interest of 1/4 each in said tracts and tanyard, and retaining the interest of 1/4 hereby conveyed, all of which deeds are referred t ofor a more particular description of all of said property.

To have, and to hold, said three several tracts of land with the appurtenances and improvements thereon onto the said Smith and his heirs, and the said Hall, sheriff as aforesaid, covenants, and agrees with said Smith that he will warrant and defend the title of said property unto said Smith to the extent of the authority conferred on him by law as sheriff aforesaid, but without incurring any individual responsibility.

In testimony whereof the said Thomas J. Hall, Sheriff of Bullitt County, hath hereunto set his hand the day and year herein before written. (signed) Thomas J. Hall, Sheriff of Bullitt County

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