Thomas Joyce to Jesse Applegate - Parts of Shepherdsville Lots 39 & 40

At the division of James Brown's estate, Shepherdsville lots 39 and 40 were divided into 5 parts, and Thomas Joyce purchased parts one and three at auction. He later purchased part two from Wilford Lee.

Then in 1838, Thomas Joyce sold his part of Shepherdsville lots 39 and 40 to Jesse Applegate who also agreed to pay off a mortgage on the ground held by Richard P. Simmons as described below. Applegate would later sell it to W. W. Maraman.

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Bullitt County Deed Book I, Page 156-157

This indenture made and entered into the second day of February in the year of our Lord, 1838 between Thomas Joyce and Sarah, his wife, and Richard P. Simmons and Mary, his wife, of Shepherdsville of the first part and Jesse H. Applegate of Jefferson County of the second part, all of the state of Kentucky.

Witnesseth that the said Thomas Joyce and Sarah, his wife for an in consideration of the sum of $3500 paid as herein after expressed, the receipt whereof they do hereby acknowledge, have given, granted, bargained, and sold, and by these presents do sell and convey to the said Jesse H. Applegate so much of lots numbers 39 and 40 in the new plan of the town of Shepherdsville as was conveyed to the said Thomas Joyce by William Jones, commissioner appointed by the Bullitt Circuit Court on behalf of James Brown's heirs by deed bearing date the 26th day of January 1835, and now of record in the clerk's office of the Bullitt Circuit Court in deed book A page 264, and also by Wilford Lee and Margaret, his wife, by deed bearing date the 18th day of January 1830, now of record in the clerk's office of the Bullitt County Court in deed book G page 186; for the boundary of the parts of lots hereby conveyed reference is made to the said deeds.

To have and to hold the said parts of lots 39 and 40 in the town of Shepherdsville with all and singular the appurtenances, houses, outhouses, stables, fences &c to the said lots belonging or in any wise appertaining, to him the said party of the second part, his heirs and assigns forever, and the said Thomas Joyce and Sarah his wife do covenant and agree to and with the said Applegate taht they will forever warrant and defend the title to the said parts of lots hereby conveyed, with all and singular the appurtenances to the said Jesse Applegate, his heirs and assigns forever against the claim of all persons claiming or hereafter to claim the same.

And whereas heretofore, to wit, on the seventh day of February 1835 the said Thomas Joyce by deed of mortgage of that date conveyed to Richard P. Simmons the property, parts of lots and appurtenances hereby conveyed to secure the said Richard P. Simmons in the payment of $813.97, and on the 23rd of March in the year 1837 the said Thomas Joyce by a deed of mortgage of that date extended the liability of said parts of lots hereby conveyed to the said Richard P. Simmons to the further sum of $1440, which said deeds of mortgage are now of record in the clerk's office of the Bullitt County Court.

Now this indenture also witnesseth that the said Richard P. Simmons and Mary his wife for and in consideration of the summ of $500 lawful money to them in hand paid by the said party of the second part, and the further sum of $1666.66 for which the said Applegate has executed two notes to the said Richard P. Simmons of equal date herewith, payable in equal installments at one and two years, which sum of money paid down and the said two notes executed to Richard P. Simmons as above form a portion of the above expressed consideration (the said Applegate's notes for $500 of equal date herewith payable on gthe 1 September 1839 to Thomas Joyce with legal interest from the date, and for $833.34 of even date herewith payable to Thomas Joyce three years after date, making in all the sum of $3500, the whole consideration above expressed.) They the said Richard P. Simmons and Mary his wife do with the consent and at the instance of the said Thomas Joyce alien, release and convey to the said Applegate all the right, title, claim and interest which they derived by virtue of the said two deeds of mortgage to the said parts of lots and appurtenances herein conveyed, together with all and singular the appurtenances thereto belonging or in any wise appertaining to him the said Applegate, his heirs and assigns forever. And the said Richard P. Simmons and Mary his wife do covenant and agree to and with the said Applegate that the title to the said parts of lots and appurtenances hereby conveyed they will forever warrant and defend to the said party of the second part against the claim of themselves the said Simmons and wife and all persons claiming under them, but not against the claim of any other person whatever hereby intending to convey by quit claim deed only the title derived to them the said Simmons and wife by virtue of the daid two deeds of mortgage and non more. In witness whereof the said Thomas Joyce and wife and Richard P. Simmons and Mary his wife have hereto set their hands and affixed their seals the day and year first above written. (signed by grantors)

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