William Newbolt to Mary E. Crist and Children - 360 Acres

On 17 May 1847, Henry F. Kalfus, in his capacity as Bullitt County Sheriff, deeded land to Mary E. Crist and her children, following the wish of William Newbolt who had purchased the land at auction earlier. This auction was held at the order of the Bullitt Circuit Court as a result of a civil case in which Newbolt sued Henry Crist, A. C. Kinnison and Dory Osborn (Mary's father) to recover a debt he was owed.

It appears that the Circuit Court order, shown below, was issued on 7 Oct 1839, but was not concluded until later.

The land owners had an option to redeem the land if they could repay the purchase price within a limited time, it and appears from this deed that a part redemption was made by Henry Crist, but not all, and the balance was received by Newbolt from others for the benefit of Mary E. Crist and her chldren. Mary was the wife of Henry S. Crist, son of Henry Crist.

According to this deed, Mary was to have this land along Cedar Creek, known as the place where Henty Crist lived, during her lifetime, and that it was to go to her children at her death. It was specifically not to belong to her husband. The likely purpose was to shelter this land from the creditors of her husband.

Mary would continue to own the land until late 1860, after her husband's death, when she agreed to sell her life estate to her remaining children in exchange for yearly payments as shown on another page.

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Bullitt County Deed Book L, Pages 113-114

This indenture made and entered into this 17th day of May 1847 between Henry F. Kalfus, late sheriff of Bullitt County, of the one part and Mary Crist, wife of Henry S. Crist, and Laura Catharine Crenshaw, wife of Nathan Crenshaw, William Henry Crist, Alexander Holmes Crist, James Thomas Crist, and Francis Marion Crist, children of said Mary Crist of the other part.

Witnesseth that whereas there issued from the clerk's office of the Bullitt Circuit Court an execution fifa on replevin bond No. 362, dated 15 July 1841, returnable 11 September 1841 in the name of William Newbolt against Henry Crist, A. C. Kinnison and Dory Osborn &c for $361.82 1/2 cents and interest from the 20th January 1840 till paid, and $1.36 1/2 cents, said execution on the 15th July 1841 came to the hands of J. C. Buky, deputy sheriff for Henry f. Kalfus, late sheriff of Bullitt County to levy and execute, and said sheriff made this return on said execution, "Levied this execution on a tract of land of 360 acres on the waters of Cedar Creek or so much thereof as will pay said executor, the place where H. Crist now lives. Sept. 11, 1841. Att. J. C. Buky, deputy sheriff for H. F. Kalfus, S.B.C. Advertised the above named land to be sold on the 18 October 1841, and sold the same and William Newbolt became the purchaser for the sum of $50 deducting commission thus upon is entitled to a credit of $47.50. The plaintiff and defendant failing to appoint commissioners to value the above named land, I valued the same at $3 per acre, and not time to levy and sell again under this execution Oct 18, 1841. J. C. Buky, deputy sheriff for H. F. Kalfus S.B.C."

Afterward on the 19th of October 1841, another fifa No. 554 issued on replevin bond in said case to Bullitt County for the debt aforesaid and $1.81 and said execution came to the hands of J. C. Buky, deputy for H. F. Kalfus, late sheriff as aforesaid, to levy and execute on the 19 October 1841 and said sheriff made this return on said execution: "Levied this execution on the right on equity of redemption of said defendants within named of in and to 360 acres of land in Bullitt County heretofore sold under a former execution this 15 November 1841. J. C. Buky, D.S. for H. F. Kalfus S.B.C. - I advertised the above named land to be sold at the courthouse door in Shepherdsville on the 20 December 1841, it being County Court day, and attended on that day and sold the same and William Newbolt became the purchaser, he being the highest bidder for the sum of $302.25 which satisfies debt, interest and costs of this execution. December 20, 1841. J. C. Buky D.S. for H. F. Kalfus S.B.C."

Reference to said executions shows the more specific amounts, dates and conditions of said executions, and since the purchase of the said William Newbolt of said land as aforesaid, he the said William Newbolt has transferred the benefit of his said purchase of said tract of land to said Mary Crist and her children, meaning to give and transfer the title and benefit of said land to Mary Crist for life, to her separate use, and after her death to her children in fee, free and clear of te contracts of her husband, which said transfer is in their names, to wit, "I William Newbolt do hereby transfer to Mary Crist and her children the benefit of my two purchases under the executions No. 362 and 554 in my name against H. Crist, H. S. Crist, D. Osborn and A. C. Kinnison, said executions issued in July and October 1841 for $361.82 1/2 cents and interest and costs, said purchases made under said executions were 360 acres of land where H. Crist lived, Bullitt County, Cedar Creek. I purchased said 360 acres for $50 and afterwards the equity of redemption for $302.25, and I direct the said sheriff of Bullitt County to make said Mary Crist and her children a deed to said land to give her a clear life estate and the fee title to all her children free and clear of the contract of her husband; and this transfer is made without any recourse to me in any event whatever, and without costs charges or liability in any way for or on account of said purchase or transfer of said land. Witness my hand and seal this 17 day of April 1847. I add that before the time of redeeming the land expired, I did receive $300 but the balance of the purchase money was never paid me by said H. Crist, and I have received it of others for the benefit of said H. S. Crist's wife and children, since the time to redeem expired, and for such interest as I had in said land by said purchases is hereby transferred as above without any liability on me in any event whatever as above stated. William Newbolt. Teste N. C. Summers"

Wherefore in consideration of said sales and transfers of said land, the same never having been redeemed as said parties represent, and in compliance with the law in such cases made and provided, I Henry F. Kalfus, late Sheriff of Bullitt County, have sold, conveyed and confirmed, and by these presents do sell, transfer and confirm unto the said Mary Crist and her said children said tract of 300 acres so purchased by said Newbolt under said two executions and transferred by said William Newbolt to said Mary Crist and her children as aforesaid, laying in Bullitt County, south side of Salt River on Cedar Creek &c, the same tract of land on which General Henry Crist lived and the same land whereon said H. S. Crist lives, which said 360 acres of land is more particularly described in said executions and sales, and in the deed of the said Henry Crist for the same from a commissioner for that purpose on behalf of Thomas A. Brooke dated 11 April 1835, recorded in Commissioners Book A of deeds, Circuit Court Bullitt, and is all that part of the land conveyed to said H. Crist not sold by said H. Crist; and the said part so owned by the said Henry Crist and sold under said executions and here conveyed includes the homes and appurtenances where said H. Crist lived and contains the quantity of 360 as aforesaid.

To have and to hold said land and appurtenances here sold and conveyed to her said Mary Crist and her children, the parties of the second part, and to be held and owned by them as aforesaid, viz. to said Mary Crist for life fee of the contract of said H. S. Crist, her husband, for and during her life, and in fee to her children as aforesaid according to the true intent and meaning of said transfer herein named, and to hold and enjoy the title of them, the said H. Crist, H. S. Crist, A. C. Kinnison and Dory Osborn, and their heirs and all other persons as fully as by law. I as sheriff under the levies, sales, transfers aforesaid am authorized to sell and convey and confirm &c without any individual liability on said sheriff. Witness the hand and seal of said sheriff, dated aforesaid. (signed) H. F. Kalfus, late S.B.C.

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