By 1803, the James Honey tract located to the east of Peter Shepherd's 600 acres on the south side of Salt River was in the hands of William Hay of Fayette County. In September of that year, he signed articles of agreement with William Pope Jr. and James A. Sturgus Jr. in which they gave their bonds valued at $1,940.00 in exchange for his promise to execute deeds for the 970 acre tract. That agreement is transcribed below, followed by images of the agreement.
William Hay to William Pope Jr. and James A. Sturgus Jr.
Bullitt County Deed Book A, pages 328-9
Articles of agreement made this 10th day of September 1803, between William Hay of Fayette County of the one part and William Pope Jr. and James A. Sturgus Jr. of the other part, witnesseth that the said William Hays for and in consideration of the said Pope and Sturgus having this day executed their bonds each for himself to him amounting in the whole to nineteen hundred and forty dollars doth covenant & agree to each that he will as soon as the money is paid on the said bond execute to them a deed for nine hundred and seventy acres of land lying in Bullitt County near Shepherdsville entered and secured and patented in the name of James Honey or as soon as either has paid the full amount of his bond which will be nine hundred and seventy dollars he will execute to him a deed for an equal moiety or the one half the said 970 acres of land. But tis specially agreed to and understood to be the meaning of this contract that in case the money cannot be recovered on a judgment and execution of either of the parties said Hays shall not be bound to convey to such one his half and further tis understood by and between the parties that the said Hays does not warrant the land only under the title of the said Honey the interference of other claims with the tract of land the said Pope and Sturgus acknowledge to be acquainted yet should Richard Bibb under a claim of George May for locating said land recover any part thereof or any person claiming under Honey's title recover the whole or any part of said 970 acres of land from either of them the said Hays shall return the money with interest that is to say two dollars for every acre lost. In witness whereof we have hereunto put our hands and seals the day and date before written. William Pope Jr. in behalf of James A. Sturgus Jr. undertakes that in case said Sturgus should destroy the lumber and be unable to pay the debt that he will be accountable for the damages due that is for so much as the land is lessened in value when such shall prove to be the case that is Sturgus being unable to pay &c. (signed) Wm Pope Jr.; W Hayes; Ja A Sturgus Jr.
Bullitt County Sct
To all whom it may concern, I Frederic William Spence Grayson, Clerk of the County Court of said county, do make known that on the tenth instant William Hays, William Pope Jr., & James A. Sturgus Jr., parties to the annexed instrument of writing personally before me acknowledged the same to be their voluntary act and deed for the purposes therein expressed, and that I have recorded the same instrument of writing in my office as required by law. Given under my hand this twenty sixth day of September 1803.
(signed) Fred W. S. Grayson
Article of Agreement
It would be more than two decades before the tract was finally deeded to Pope, with Sturgus having assigned his interest to Pope. The deed from Hay to Pope is transcribed below, followed by images of it.
Bullitt County Deed Book F, pages 110-111
William & Lucy Hays to William Pope Jr.
12 Jan 1825
This indenture made this 12th day of January 1825 between William Hays and __ his wife of the county of Fayette and state of Kentucky of the one part and William Pope Jr. of the county of Jefferson and said state of the other part. Witnesseth that the said William Hays and __ his wife for and in consideration of the sum of seventeen hundred and forty dollars to him in hand paid by the said Pope in the year 1803 as will fully appear by the record of the agreement in the clerk's office of Bullitt County between the said Hays and the said Pope and James A. Sturgus, and the said Sturgus having assigned all his interest in said agreement to said Pope, they the said William Hay and __ wife have bargained and sold and by these presents do grant, bargain and sell, alien, release, convey and confirm to said Pope, his heirs and assigns, forever a certain tract or parcel of land situate lying and being in the said County of Bullitt on the south side of Salt River just above Shepherdsville containing nine hundred and seventy acres entered, surveyed, and patented in the name of James Honey and bounded as follows, to wit. Beginning at a beech and elm about 294 poles from the upper end of the falls of said river, a corner to Shepherd and James Brend's land, to have and to hold the said tract or parcel of land unto the said William Pope Jr., his heirs and assigns forever, and the said Hays and wife do covenant & agree to and with the said Pope, his heirs and assigns, forever that they will warrant and defend the said land unto the said Pope, his heirs and [assigns] against themselves and their heirs and all persons claiming or to claim the land or any part thereof by, through or under their and all persons claiming under the title of the said James Honey but not against the claim of any other adverse interfering claim nor are they to be accountable not hold out the quantity it being understood by both parties, that said Pope takes all risk of quantity and title on himself that said Hays is to defend it against persons claiming under said Honey's title. And in case any part thereof should be lost by any person claiming under said Honey's title he is to repay to said Pope at the rate of 2 dollars per acre with interest thereon from the time it was paid. In testimony whereof the said William Hays and __ his wife have subscribed their names and affixed their seals the day and year above written. (signed) W. Hays
Fayette County Sct
12 January 1825
This indenture was this day produced to me the clerk of the court for said county in my office and acknowledged by William Hays and Lucy his wife, parties thereto to be her act and deed for the purposes therein mentioned and the said Lucy being by me privily examined separately and apart from her said husband as the law directs freely and voluntarily relinquished her right of dower in and to the promises conveyed by this indenture, all of which is hereby certified to all whom it may concern. Att. J. C. Rodes(?), Clerk
State of Kentucky
Bullitt County Court Office Sct
14 January 1826
This indenture was this day produced to me the clerk of the court for said county and the same together with the certificate of acknowledgement therein endorsed is truly recorded in my office. Teste: N. C. Summers, D.C.
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