James Holmes to Nathan Miles - Part of Shepherdsville Lot 41

This detailed deed essentially transfers the ownership of part of Shepherdsville lot 41 (new plan) from James Holmes to Nathan Miles by way of Deputy Sheriff E. K. Willson who was following a Circuit Court order. It included "so much of lot number 41 with new plan of said town of Shepherdsville as was conveyed by Mary Welch to the said James Holmes by deed bearing date the 20th day of December 1819 and of record in the Bullitt County Court as has not been sold and conveyed by the said Holmes to Samuel Burks and William Caldwell."

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Bullitt County Deed Book E, Pages 313-316

This indenture made an entered into this 18th day of October in the year of our Lord 1824 between Ephraim K. Willson, deputy sheriff for Jesse Willson, sheriff of Bullitt County and state of Kentucky of the one part, and Nathan Miles the same county and state of the other part.

Witness that whereas in the seventh day of May in the year 1823, there issued from the clerk's office of the Bullitt Circuit Court an execution (Fila) in the words and figures following, to-wit:

"The Commonwealth of Kentucky to the sheriff of Bullitt County, greeting. We command you that of the estate of James Holmes, James C. Graham, and James Alexander, late of your bailiwick you cause to be made the sum of $196 which Richard P. Simmons, assignee of Jonathan Gore Jr. lately in our Bullitt Circuit Court recovered against them for a debt by virtue of a replevin bond and by the force of an act of assembly &c also sixty-six cents adjudged to him for his costs by him expended, whereof they are convict as appears to us of record, and that you have the said $196 and 66 cents before the judge of our said court at the courthouse in Shepherdsville on the 7th day of June next (being the rule day) to render to the said Simmons his debt and costs aforesaid, and have then this writ. Witness, George F. Pope, clerk of our said court at the courthouse aforesaid this 7th day of May 1823 and in the 31st year of the Commonwealth. George F. Pope."

On which was the following endorsement to-wit, "Memo. This execution is to be discharged by the payment of $98.29 with interest thereon after the rate of 6% per annum from the ninth day of August 1822 until paid, and the cost. No security of any kind is to be taken; and by order of the plaintiff's attorney notes on the Bank of Kentucky or its branches or notes on the Bank of the Commonwealth of Kentucky or branches may be received by the officer in discharge of the whole of this execution. Teste. George F. Pope, C.B.C.C."

Which execution having come to the hands of Jesse Willson, sheriff of Bullitt County, was by him, returned with the following endorsement. "James Holmes gave up his house and lot in Shepherdsville to be sold to satisfy this execution, and there is not time to advertise and sell on this exception. Jesse Willson, S.B.C."

And afterward, to-wit, on 12 June in the year 1823 their issued from the clerks office of the Bullitt circuit court and execution venditioni exponas in the words and figures following to-wit.

"The Commonwealth of Kentucky to the sheriff of Bullitt County, greeting. We command you that you expose to sale the estate of James Holmes, James C. Graham and James Alexander to the value of $196.99, which according to our command, you have taken into your hands and which remains in your hands undisposed of as you have certified to the judge of said Bullitt Circuit Court to satisfy Richard P. Simmons, assignee of Jonathan Gore Jr., the said sums as well for debt by virtue of a pleven bond and by the force of an act of assembly &c as for his costs by him expended whereof our said court he hath received execution against the said James Holmes, James C. Graham and James Alexander by virtue of a judgment aforesaid court, and that you hve the said sums before the judge for said court at the courthouse in Shepherdsville on the 9th day of August next (being the rule day) to render to the said Richard P. Simmons, assignee, his debt and costs aforesaid, and have then there this writ. Witness. George F. Pope, clerk of aforesaid court at the courthouse aforesaid this 12th day of June 1823, and in the 32nd year of the Commonwealth. George F. Pope."

Upon which execution was the following endorsement to-wit: "Memo. This execution is to be discharged by the payment of $99.29 with interest thereon after the rate of 6% per annum from the ninth day of August 1822 until paid, and the cost and no security of any kind is to be taken. And on order of the plaintiff's attorney notes on the Bank of the Commonwealth of Kentucky or its branches, or notes on the Bank of Kentucky or its branches may be received by the officer in discharge of the whole of this execution. And the property subject to this execution is one house and lot in Shepherdsville, the property of James Holmes. Teste. George F. Pope. This execution is to be credited for $50 paid October 27, 1823. Richard P Simmons. Teste. R. F. Samuels."

Which execution having come to the hands of E. K. Willson, deputy sheriff for Jesse Willson, sheriff of Bullitt County, was returned with the following endorsement, to-wit: "No sale for want of bidding. E. K. Willson, deputy sheriff for Jesse Willson, sheriff of Bullitt County."

And on the 11th day of December 1824 their issued from the clerks office of the Bullitt circuit court, and another execution venditioni exponas No. 1060 in the words and figures following to-wit. "the Commonwealth of Kentucky to the sheriff of Bullitt County, greeting. We command you that you exposed to sale the estate of James Holmes, James C. Graham and James Alexander to the value of $196, and $1.32, which, according to our command, you have taken into your hands and which remains in your hands undisposed of as you have certified to the judge of our Bullitt Circuit Court to satisfy Richard P. Simmons, assignee of Jonathan Gore Jr., the said sums as well for debt by virtue of a repleven bond as by an act of assembly &c as for his costs by him expended, whereof in our said court he hath recovered execution against the said Holmes, Graham and Alexander by virtue of a judgment aforesaid court and that you have the said sums before the judge aforesaid court at the courthouse in Shepherdsville on ghe 11 day of December next to render to the said Simmons, assignee, his debt and costs aforesaid, and have then there this writ. Witness. George F. Pope, clerk of our said court at the courthouse aforesaid this 11th day of October 1824, and in the 33rd year of this Commonwealth."

On which execution was the following endorsement, to-wit. "Memo. This execution is to be discharged by the payment of $98.29 with interest there in at the rate of 6% per annum from the ninth day of August 1822 until paid, and the cost and no security of any kind is to be taken. And by order of plaintiffs attorney notes on the Bank of the Commonwealth of Kentucky or its branches, or notes on the Bank of Kentucky or its branches may be received by the officer in discharge of the whole of this execution. And the property subject to this execution is one house and lot in the town of Shepherdsville, the property of James Holmes. Teste. George F. Pope. C.B.C.C. This execution is to be credited for $50 paid October 27, 1823 as per endorsement of plaintiff on a farmer execution. Teste. George F. Pope, C.B.C.C."

Which execution having come to the hands of E. K. Willson, deputy sheriff for Jesse Willson, sheriff of Bullitt County, the same was returned with the following endorsement, to-wit: "On the eighth day of October 1824. I sold the within named house and lot and Nathan Miles became the purchaser of the same for the amount of the execution. E. K. Willson, deputy sheriff for Jesse Willson, sheriff of Bullitt County."

And the said E. K. Willson, deputy sheriff as aforesaid, having advertised the said lot of ground and appurtenances for sale in all respects according to law, and having offered the same for sale in market overt on the premises on the said 18th day of October 1824, Nathan Miles being in the highest bidder for the price aforesaid, being the balance due on said execution. Now, for and in consideration of the premises and of the authority vested in me the Ephraim K. Willson, deputy sheriff as aforesaid, he the said Ephraim K. Willson hath bargained, sold, aliened, released, conveyed and confirmed unto the said Nathan Miles the lot and appurtenances aforesaid, being so much of lot number 41 with new plan of said town of Shepherdsville as was conveyed by Mary Welch to the said James Holmes by deed bearing date the 20th day of December 1819 and of record in the Bullitt County Court as has not been sold and conveyed by the said Holmes to Samuel Burks and William Caldwell.

Hereby in consideration of the premises aforesaid warranting the same to the said Nathan Miles against the claim of the said James Holmes, his heirs, executors &c and all and every person or persons claiming or to claim the same by, through or under his the said Holmes or his heirs, but not against the claim or claims of any other person or persons whatsoever.

In testimony whereof the said Willson hath hereunto set his hand and affixed his seal date above.

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