Nathan Evans' Estate to William Patterson - 200 Acres

The Bullitt County clerk recorded on 16 Jun 1851, "It appears to the satisfaction of the court that Nathan Evans, late of this county, has been dead more than three months, and no person having applied for administration." [Order Book H, page 146]

It appears from a decree of the Bullitt Circuit Court, that at his death, he was indebted to both the Louisville firm of Smith & Rowland, and to Theodocia Purcell who held a lien on the land to ensure his payment of an annuity. The court ordered as much of the land as necessary to pay her, as is transcribed below.

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Bullitt Circuit Court Order Book S, Pages 223-224

Wednesday, 12 Oct 1853

Smith & Rowland, complainant in chancery vs Nathan Evans, defendant, and Theodocia Purcell, complainant on cross bill vs Nathan Evans' administrator &c, defendant.

The commissioner appointed in this cause by the interlocutory order made at the last term of the court made his report which is confirmed by the court. It appears by the report of the commissioner made herein that the annual profits of the estate of Nathan Evans is insufficient to pay the annuity and provide for the support of Theodocia Purcell for which she holds a lien on said estate; and by said report it appears that the said Nathan Evans is indebted to the said Theodocia in the sum of $2433.74. It is ordered that the income of the estate when charged with its annual burthen is wholly inadequate to the liquidation of the sum due to said Theodocia.

Wherefore it is ordered and decreed that so much of the estate of the said Nathan Evans be sold at public sale as will be sufficient to pay the sum of $2433.74 and the costs of the said Theodocia expended herein, and the sum of $50 allowed the commissioner for making the sale, and report filed in this cause.

It is ordered that Robert F. Samuels be and he is hereby appointed a commissioner to make said sale. The Negro is first to be sold at the courthouse door in Shepherdsville after first being advertised at the courthouse at least 20 days on a credit of three months, taking bond from the purchaser bearing interest from date payable to the said Theodocia Pursell to have the force and effect of a replevin bond when due.

For as much as may remain unpaid of said decree, said commissioner is directed to sell so much of the 400 acres of land as may be necessary. If a less quantity than the whole tract will pay the decree, said commissioner shall specify what portion or part of the land shall be sold to pay the said sum, and say it in convenient form; the sale to be made on a credit of six months at the courthouse door in Shepherdsville; and after advertising the same at least 20 days at the courthouse door in Shepherdsville and at least one place of notoriety in the neighborhood of the land on a credit of six months, bond to be taken from the purchaser with security, and upon its face retain a lien on the land made payable to the said Theodocia Purcell, to bear interest from date and to have the force and effect of a replevin bond to be returned to court. And when it shall appear to the court that they may have been satisfied, it is ordered that the commissioner shall make a deed of conveyance to the purchaser. This cause is continued until the coming of the commissioner's report.

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It appears from the following deed, that William Patterson purchased half of the 400 acre tract, but the land was not deeded to him until 17 Apr 1865, possibly due to a delay in the final payment. The remaining 200 acres was sold to the firm of Smith & Rowland to cover Evans' indebtedness to them [See Bullitt County Deed Book N, page 286.]

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Bullitt County Deed Book Q, Pages 191-192

Whereas by a degree of the Bullitt circuit court in the name of Smith and Roland against Nathan Evans, and Theodora Purcell in cross petition against the same of date the 12th day of October 1853, Robert F. Samuels was appointed a commissioner to make sale of the tract of 400 acres in the pleadings mentioned, being the same land devised to said Evans by John Purcell, or so much thereof as would be necessary, with a Negro woman also directed to be sold to receive the amount decreed to cross plaintiff Theodora Purcell, and whereas after advertising as by the decree directed, 200 acres of said land was sold and purchased by William Patterson at the price of $2319.64 which sale was subsequently confirmed and by an order of the Bullitt Circuit Court R. H. Field was appointed a commissioner to convey the land so purchased.

Now this indenture entered into this 17 day of April 1865 between Nathan Evans by R. H. Field, commissioner of the one part and William Patterson of the second part. Witnesseth that for and in consideration of the foregoing recitals, sale, payment of purchase money, he the said Evans by R. H. Field, commissioner, hereby grants, releases, conveys and confirms unto the said William Patterson, his heirs &c 200 acres of the 400 acres, herein above described, said 200 acres to lie on the big road leading from Shepherdsville to Elizabethtown and to be cut off of said tract by a line running parallel with the line which runs in front of the house and with the big road.

To have and to hold the said before described tract of 200 acres of land, with the appurtenances unto the said Patterson and to his heirs, and the said Evans by R. H. Field, commissioner, covenants and agrees with said Patterson tht he and his heirs will warrant and defend the title to the same against the claims of all persons whatever. Witness the name of the grantors by said Field, commissioner, the day and year aforesaid.

(signed) Nathan Evans by R. H. Field, commissioner

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