Archibald Magruder - Land Division

Following the death of Archibald Magruder, two of his daughters, with their husbands, brought suit in county court to have his land divided amongst his children. The court appointed three commissioners to go on the land and make a fair division for the six heirs. Their report to the court was recorded in the county will book. A transcription of those pages is shown below. Images of the original pages may be seen on another page.

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N. W. Gatton & wife and C. R. Samuels & wife, plaintiffs vs Archibald Magruder's Heirs, defendants, Bullitt County Court, Division Land

In obedience to an order of the Bullitt County Court directing that we the undersigned commissioners appointed by said court for the purpose of surveying out and dividing the land of Archibald Magruder de'd between his heirs proceeded on the 26th day of Oct. 1859 and in conjunction with the surveyor of Bullitt County and run out first the land owned by said decedent, known as the home tract, and being part of Paul Froman's 938 acre original survey and bounded as follows to wit.

Beginning at a poplar stump and black gum at the foot of a knob original corner to Withers King's 600 acre survey, thence with said King's original line N 40° 45' for 40° E 226 poles (for 222 poles) to a chestnut oaks & hickory on the north brow of the point of a rocky hill at the intersection of Paul Froman's line of his 938 acre original survey, thence with said Froman's original line S 5° E 392 poles (for 375 poles) to a stake being N 10 W 40 links from a hickory and S 54 E 22 links from a small white oak, both marked as courses where originally a white oak, dogwood & locust stood, original corner to said Froman, thence with another of said Froman's lines S 85 W 368 poles (for 320) to two white oaks (one down) said Froman's original corner and on the east side f a steep hollow, thence with another of said Froman's line N 4½ W for 5° 235 poles (for 200 poles) to a beech in said Froman's line and corner to a tract of land formerly conveyed by Lloyd Willcoxon to James Caldwell, thence with said line N 55° E 142⅘ poles (for 138 poles) to a stake originally two dogwoods in Withers King's original line, thence with said King's line, now B. F. Caldwell's line S 50° E 108 poles to the beginning containing 649 acres.

The second tract containing 114 acres and being the same land conveyed by Noah C. Summers to Archibald Magruder dec'd and reference is hereby had of the boundary of said tract in Deed Book __ Page __, the two tracts above named containing in all 763 acres to be equally divided between the heirs of said Archibald Magruder dec'd which we have done to the best of our skill & judgment as follows.

To N. W. Gatton and Susan C. his wife formerly Magruder we allotted Lot No. 1 and is the same tract of land Archibald Magruder dec'd purchased of Noah C. Summers with the following boundary. Beginning at a black oak, dogwood & maple on Slate Knob, where formerly two beeches stood, original corner to James Samuels' 280 acre survey in Adam Shepherd's original line of his 200 acre survey, now Chapeze's line, thence with said line N 70¾° for 70° E 43¾ poles to a sweet gum, hickory & black oak at the intersection of Charles Boone's line of his 100 acre original survey and known as the Benjamin Stansberry claim, thence with said Boone's or Stansberry's line S 70° E 32 poles to a stake, where originally a beech, ash and poplar stood, said Boone's or Stansberry's corner in Paul Froman's original line of his 938 acres survey thence with said Froman's line S 4½° for 5° 230 poles to two white oaks (one down) said Froman's original corner on the east side of steep hollow, thence N 82° W 92 poles to two black oak and two white oak saplings on the west side of the knob where the original corner of white oak of James Samuels' 280 acre formerly stood, thence with said Samuels' line N 1° E (for North) 113¼ poles to the beginning containing 114 acres.

To Charles R. Samuels and Mary E. his wife we allotted Lot No. 2, and being part of Paul Froman's 938 acre original survey with the following boundary. Beginning at a beech in said Froman's original line, A on plat, and corner to a tract of land formerly conveyed by Lloyd Wilcoxen to James Caldwell, now a corner to Chapeze, thence with said Wilcoxen's line N 55° E 44¼ poles to a stake on west side of a sugartree marked for corner and division corner to Lot No. 4 allotted to Ezekiel E. Magruder, thence with his line S 45° 30' E 25⅖ poles to a stake, E. E. Magruder's corner, also division corner to Lot No. 3 which was allotted to Samuel F. Magruder, thence with his division line of Lot No. 3, S 4½° E 240 poles to a white oak on top of a ridge, S. F. Magruder's corner also division to Ezekiel E. Magruder in Froman's original line, thence with said line S 85° W 55 poles to two white oaks (one down) on the east side of a steep hollow, Froman's original corner and division corner to Lot No. 1 allotted to N. W. Gatton & wife, thence with said Froman's original line N 4° 30' W for 5° 235 poles to the beginning containing 84 acres.

To Samuel F. Magruder we allotted Lot No. 3 being part of Paul Froman's 938 acre original survey and including the house and other improvements with the following boundary. Beginning at a stake division corner to Lot No. 4 allotted to Ezekiel E. Magruder, also division corner to Lot No. 2 allotted to Samuels and wife, thence with said Samuels' line S 4½° E 240 poles to a white oak, said Samuels' division corner, also division corner to Lot No. 4 allotted to Ezekiel E. Magruder on top of a ridge in Froman's original line, thence with E. E. Magruder's lines to the beginning aas follows: N 40° E 152 poles to a stake in a branch B on plat, thence N 14¾° E 55 poles to a sycamore on the south edge of a branch near the corner of the orchard fence, thence N 85¾° W 90½ poles to a small sycamore, thence N 32¾° W 72¾ poles to the beginning containing 87 acres.

To Ezekiel E. Magruder we allotted Lot No. 4 with the following boundary. Beginning at a stake on the west side of a sugartree in a line of land formerly conveyed by Lloyd Wilcoxon to James Caldwell now Chapeze's line and division corner to C. R. Samuels & wife Lot No. 2 thence with Lot No. 2, S 45° 30' E 25⅖ poles to a stake, said Samuels' corner, also corner to S. F. Magruder's Lot, C on plot, thence with S. F. Magruder's line, S 32¾° E 72¾ poles to a small sycamore, thence S 85¾° E 90½ poles to a sycamore on the south edge of a branch near the corner of the orchard fence, thence S 14¾° W 55 poles to a stake in a branch B on plat, thence S 40° W 152 poles to a white oak in Froman's original line on top of a ridge divisional corner to S. F. Magruder & C. R. Samuels' lots, thence with siad Froman's original line N 85° E 256 poles to a stone in said line D division corner to Henry O. Magruder's Lot No. 5, thence with his line N 40° W 112½ poles to a stake at F in a line of land formerly conveyed by Lloyd Wilcoxon to James Caldwell now Chapeze's line, thence with said line S 55° W 50 poles to the beginning containing 174 acres.

To Henry O. Magruder we allotted Lot No. 5 being part of Paul Froman's 938 acre survey with the following boundary. Beginning at a poplar stump and black gum, C on plat, original corner of Withers King's 600 acre survey and division corner to George W. Magruder's lot No. 6, thence with said King's original line N 50° W 108 poles to a stake in said line where originally two dogwoods stood, and corner to land conveyed by Lloyd Wilcoxen to James Caldwell, now Chapeze's corner, thence with said Caldwell or Chapeze's line S 55° W 48 poles to a stake, F on plat, division corner to E. E. Magruder's lot, thence with his line S 50° E 112½ poles to a black oak on the side of the road, E on plat, thence S 40° E 249 poles to a stone in Froman's orignial line, E. E. Magruder's division corner at D, thence with said Froman's line N 85° E 57 poles to a stake, being N 10° W 40 links from a hickory and S 54° E 22 links from a small white oak, both marked as corners, it being where Paul Froman's original corner of white oak, dogwood & locust formerly stood, thence with another of Forman's original lines N 5° W 130 poles to a beech & black locust in said line on the east edge of a small drain and in a northwestwardly direction from a glade division corner to G. W. Magruder's lot, thence with his division line N 63° W 191 poles to the beginning containing 174 acres.

To George W. Magruder we allotted Lot No. 6 being part of Paul Froman's 938 acre original survey with the following boundary. Beginning at a poplar stump and black gum, original corner to Withers King's 600 acre survey and division corner to Henry O. Magruder's Lot, thence with said Kings' original line N 40° 45' for 40° E 226 poles (for 222 poles) to a hickory and chestnut oak on the north brow of a knob near the top thereof at the intersection of said King's line with Paul Froman's original line, thence with said Froman's line S 5° E 261 poles to a beech and black locust in said line northwestwardly from a glade and division corner to Henry O. Magruder's lot, thence with the division line N 63° W 191 poles to the beginning containing 130 acres.

K-K-K-K - green mass represents Withers King's 600 acre original survey and cuts the Froman claim.

X-X-X-X - red mass represents Paul Froman's 938 acre original survey and cuts the King claim.

A-X-L & A - represents a tract of land formerly sold by Lloyd Wilcoxon to James Caldwell and is part of the Froman tract outside of the King claim.

M-N-X and to M - represents the Boone or Stansberry claim. Mass shaded yellow represents Adam Shepherd's 200 acre tract now owned by Chapeze and interferes or cuts the Stansberry claim. The boundary in which is marked Lot No. 1 represents the 114 acre tract and is the same land conveyed by Noah C. Summers to Archibald Magruder dec'd.

P-X-H-A-L-K & to P represents the tract of land Lloyd Wilcoxon on sold to Magruder and is part of Paul Froman's 938 acre original survey.

Three of five structures drawn on the plat are identified as follows:

(1) - Shirley house (2) - Caldwell's house (3) - G. W. Magruder's house

We the commissioners have agreed that one line of the lane fence beginning at C on plat is to be set on the division line between Lots No. 2 & 3 from C to I.

The other line of the Lane Fence from C is t obe set on the division line E E.

Also the fence between Lots No 1 & 2 is to be set directly on Froman's original line A H.

All of which is respectfully submitted to the court.

H. Trunnell, G. W. Bowman, Casper Herps (Bullitt County Surveyor)

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