Archibald Magruder Heirs to Ezekiel E. Magruder - 174 Acres

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. The part allotted to Ezekiel E. Magruder is described below.

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Bullitt County Deed Book T, Pages 209-210

This indenture made an entered into this __ day of January 1873 between N. W. Gatton and Susan his wife, formerly Magruder, C. R. Samuels, Mary E. Samuels, formerly Magruder, G. W. Magruder and Samuel F. Magruder and H. O. Magruder, they be the only heirs of Archibald Magruder dec'd by R. J. Meyler, commissioner of the first part and E. E. Magruder of the second part.

Witnesseth whereas in 1859 by judgment of the Bullitt County Court, a division of the lands of Archibald Magruder dec'd was ordered to be made by commissioners duly appointed by said court, and a division was accordingly made, and approved by said court, and by order of said court Casper Herps was appointed a commissioner to make deeds to all the heirs, the second party hereto included. But said commissioner, having failed to make a deed to the second party, and this omission, having just been brought to the knowledge of the court, and said court in order to perfect the title and to enforce its former order did on the __ day of January 1873 redocket the cause of N. W. Gatton &c against Archibald Magruder's heirs, and did appoint the above named commissioners to make this deed, all of which will appear from the orders of said court. Now in pursuance of said direction, the first parties by the aforesaid commissioner hereby grant, bargain, sell, convey and deliver unto the said second party and his successors or present owners of the land allotted to the said second party by the commissioners who made said division, said land described, metes and bounded as follows, to-wit.

A tract of 174 acres of land more or less situated lying and being in Bullitt County, state of Kentucky on the south side of Salt River lying near A. & B. Chapeze's lands and bounded as follows, to-wit.

To Ezekiel E. Magruder we allotted Lot No. 4 with the following boundary. Beginning at a stake on the west side of a sugar tree 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 25 4/10 poles to a stake, said Samuels' corner, also corner to S. F. Magruder's Lot, C on plat, 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 division corner to S. F. Magruder & C. R. Samuels' lots, thence with said 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 249 poles to a black oak on the side of the road, E on plat, thence N 50° 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 have and to hold the land here conveyed unto the said second party, his heirs and assigns forever. And the first parties by the commissioner aforesaid warrants the title to the land here conveyed to the extent of the interest therein owned by each against all claims, the commissioner not to incur liability by the warranty.

Witness the hands of the first parties by the commissioner aforesaid, the day and date first written. The commissioner's report of division and allotment of the lands of Archibald Magruder dec'd will be found in Bullitt County Clerk's office in Will Book F, pages 360-363. (Signed by commissioner for grantors on 20 Jan 1873.)

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