Paroquette Springs Mortgage - 1871

The Paroquet Springs Company was forced to mortgage everything following an unsuccessful 1871 season. Deeds related to this mortgage are transcribed below, along with images of the deeds. They were unable to meet their obligations, and were declared bankrupt the following spring. Follow this link to see what happened then.

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Bullitt County Deed Book S, pages 504-7

This deed of mortgage made by the Paroquet Springs Company of the first part, by Robt Cockran commissioner of the Louisville Chancery Court and Peter S. Simmons, B. B. Elzy and W. P. Hampton, parties under the style of Simmons, Elzy & Hampton, and V. R. Bartlett, R. V. Johnson, L. H. Fitzhugh, R. D. Hall, and the German Security Bank of the second part.

Witnesseth: whereas in the suit No. 24839 in the Louisville Chancery Court in the name of Simmons, Elzy & Hampton against the Paroquet Springs Company and others a decree was on the 6th day of November 1871 rendered directing said company by the Commissioner of said court to execute a mortgage to the plaintiff and to the defendant R. D. Hall, V. R. Bartlett, R. A. Johnson, the German Security Bank and L. H. Fitzhugh to secure to said Simmons, Elzy, Hampton and the sureties the promissory note mentioned in the petition for twenty-seven hundred and sixty one dollars and twelve cents executed by said Paroquet Springs Company to said Simmons, Elzy & Hampton dated February 25th, 1871, payable six months after date at the German Security Bank; and to the defendant R. D. Hall to secure to him and the sureties the promissory note mentioned in the petition for seventeen hundred & ninety two dollars, executed by said Paroquet Springs Company to said Hall dated July 1st, 1871, payable six months after date and payable at the German Security Bank; and to the German Security Bank to secure to said Bank the promissory note in the petition mentioned for twenty seven hundred and sixty one dollars and twelve cents dated July 12th 1871, executed by said Paroquet Springs Company and sureties to the said plaintiffs Simmons, Elzy & Hampton payable four months after date at said Bank, and by siad plaintiff endorsed to said Bank; and to secure to said Bank the promissory note mentioned in the petition dated Aug 5th 1871 payable four months after date at said Bank for seventeen hundred and ninety two dollars executed by said Paroquet Springs Company and their sureties to said Hall and by him endorsed to said Bank; said deed of mortgage to convey for the purpose aforesaid all the land purchased by said Paroquet Springs Company on the 27th of April 1871 in the suit of R. H. Field next friend of Sarah C. Colmesmiel against John D. Colmesmeil & others in the Bullitt Circuit Court and which decretal sale was confirmed April 28th 1871, being the tract of land lying in Bullitt County, Kentucky, near Shepherdsville and containing more than one hundred acres and known as Paroquet Springs.

Now in consideration of the premises, the said Paroquet Springs Company doth bargain and sell to said Simmons, Elzy and Hampton, partners as aforesaid, and to V. R. Bartlett, R. A. Johnson, L. H. Fitzhugh, R. D. Hall, and the German Security Bank, all the tract or parcel of land purchased by said Paroquet Springs Company on the 27th of April 1871 in the suit of R. H. Field next friend of Sarah C. Colmesmiel against John D. Colmesmeil and others in the Bullitt Circuit Court and which decretal sale was confirmed April 28th 1871, being the tract of land lying in Bullitt County, Kentucky near Shepherdsville containing more than one hundred acres and known as the Paroquet Springs, to hold to them the parties of the second part, and their heirs and assigns forever, provided however that if said Paroquet Springs Company shall pay every and all said notes mentioned in said decree in said suit in the Louisville Chancery Court being No. 24839 in the name of Simmons, Elzy & Hampton vs Paroquet Springs Company & others, being the same notes mentioned in this deed, then this deed shall be null & void, otherwise to remain in full force. Signed and sealed by said Paroquet Spring Company this 8th day of November 1871. (signed) Paroquet Springs Company by Robt Cockran, commissioner, Louisville Chancery Court

Examined & approved November 8th 1871 James Harlan, Chancellor Pro-term

Commonwealth of Kentucky Louisville Chancery Court Sct At a court held for the court aforesaid on the 8th November 1871, came Robert Cockran, commissioner & produced in court the written and foregoing deed from Paroquet Springs unto Simmons, Elzy & Hampton etc., duly stamped as required by act of Congress, and said deed being executed & acknowledged by said Cockran as commissioner for and on behalf of the grantors therein named to be their act and deed, was examined & approved by the Chancellor & ordered to be certified by the clerk of this court by the clerk of the Bullitt County Court for record which is hereby done. Ast: Thos W. Thompson Clk, by Jno T. Sweeney D.C.

State of Kentucky, Bullitt County, S.S. I R. J. Meyler, clerk of the Bullitt County court certify that on the 9th Nov 1871, the foregoing mortgage from the Paroquet Spring Company to Simmons, Elzy & Hampton & others wsa lodged in my office for record and that I have recorded it, this and the certificate thereon in my office this 13th November A.D. 1871. (signed) R. J. Meyler, clk

Below are images of this deed.

Bullitt County Deed Book S, pages 507-9

This deed of mortgage made and entered into this day by the Paroquet Springs Company of the first part and V. R. Bartlett, R. A. Johnson, L. H. Fitzhugh, J. Werne, and W. H. Slaughter of the second part, Witnesseth, that whereas at a meeting of the President and directors of the party of the first part, held in the city of Louisville on the 7th day of November 1871, the following order was entered upon the records of the plaintiff, the same having been directed by said meeting, towit: "On motion of Major J. C. Johnson it was resolved that as R. A. Johnson, V. R. Bartlett and L. H. Fitzhugh did become sureties for this company in various notes to R. D. Hall, in various notes to Simmons, Elzy & Hampton, which were given for building material for the company and as R. A. Johnson, V. R. Bartlett, J. Werne, W. H. Slaughter are accommodation endorsers on another note held by the Western Insurance and Banking Company for a similar consideration; and as V. R. Bartlett and R. A. Johnson are liable as accommodation drawers or endorsers or sureties on another note or bill of this company held by the Louisville Insurance and Banking Company, and as V. R. Bartlett and R. A. Johnson are also accommodation drawers or endorsers on another bill or note given to Benj ? McCarthy & Co for queensware, cutlery etc for about fourteen hundred and seventy seven dollars & fofty cents, and as this company are not able to pay those notes or bills and are now wholly and irretrievably insolvent, and are not in contemplation of insolving, therefore be it ordered that this company make a mortgage upon all their personal property to secure those gentlemen from loss on those notes or bills, and from any other loss by reason of their liability for this company. The president will prepare the mortgage, affix the seal and have it acknowledge and sent to Bullitt County for record." Now in consideration of the premises as recited in said order, and the further consideration of one dollar in hand paid, the receipt of which is acknowledged, the parties of the first part doth sell & convey to the parties of the second part all the personal property of the parties of the first part now being & situated on their land or in their buildings known as Paroquet Springs near Shepherdsville, Kentucky, consisting chiefly of bedroom, parlor and kitchen furniture, wagon, corn, dining room furniture, pantry stores and furniture including wine, tobacco, liquors and cigars, lumber and all other personal property or chattels on said land or in said building, to hold to them and their assigns forever, provided that if said parties of the first part shall protect and save the parties of the second part harmless and from loss by reason of their liability upon the notes & bills aforesaid, and all of them, and from all loss by reason of liability for the said parties of the first part, then this deed shall be null & void, otherwise to remain in full force and effect. Signed and sealed by the parties of the first part this eighth day of November in the year one thousand eight hundred and seventy-one. (signed) Paroquet Springs Company by R. A. Johnson, President

State of Kentucky Jefferson County Sct I Ch. M. Thurston, clerk of the county court for the county aforesaid do certify that on this day came the Paroquet Springs Company and acknowledged the foregoing deed by their President R. a. Johnson to be their act and deed, which deed is duly stamped as required by Act of Congress. All of which is hereby certified to the proper office for record. Witness my hand this 8th day of November 1871. (signed) Ch. M. Thurston, clk by H. E. Senting, D.C.

State of Kentucky Bullitt County Sct I R. J. Meyler, clerk of the Bullitt County Court, certify that the foregoing mortgage from the Paroquet Springs company to V. R. Bartlett & others was on the 9th November 1871 lodged in my office, duly acknowledge, for record, which with this & the certificate thereon I have done this 13th November 1871. (signed) R. J. Meyler, clk by R. McConathy, D.C.

Below are images of this deed.

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