Henry Robb to William T. Samuels - Parts of Shepherdsville Lots 23-24

On 6 Apr 1847 via a Circuit Court decree, Henry Robb, by Edwin H. Summers, commissioner, sold parts of Shepherdsville lots 23-24 to William T. Samuels as shown below. William appears to have paid for the lots via a bond that was guaranteed by Robert F. Samuels, Richard H. Field, Lorenzo Hogland, George W. Maraman and Frances Maraman, and he mortgaged the lots to them to ensure his future payment.

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Bullitt County Deed Book L, Pages 94-95

This indenture made and entered into the sixth day of April 1847 between Henry Robb by Edwin H. Summers, a commissioner appointed by the Bullitt circuit court, of the first part and William T. Samuels of Elizabethtown, Hardin County, Kentucky of the second part.

Witnesseth that whereas at a court continued and held for the Bullitt circuit on the ninth day of April 1846 in a chancery suit, therein depending wherein Henry Robb was complainant and Robert F. Samuels was defendant, a decree was rendered that unless the defendant Samuels should on or before the first day of the next term of said court paid to complainant Henry Robb the sum of $4.50 with interest and costs, subject to some credits therein named, that so much of parts of lots numbers 23 and 24 therein named should be sold to satisfy the same.

And whereas at a court continued and held for the circuit aforesaid on the seventh day of October 1846, it was suggested in court that the defendant Robert F. Samuels had failed to pay the interlocutory decree therein ordered and Henry C. Thomas the commissioner therein appointed was directed to make sale of so much of lots aforesaid as would satisfy the same, taking bond of the purchaser on a credit of three months, bearing interest from date having the force and effect of a replevin bond after advertising according to the direction of said decree. And whereas said Henry C. Thomas commissioner in obedience to the directions of the aforesaid decrees on the fifth day of April 1847, it being county court day, after having advertised agreeably to said decree at the courthouse door in Shepherdsville offered said lots for sale, and William T. Samuels being the highest and best bidder became the purchaser at the sum of $609.87, being the amount in full of said decree, who gave bond with Robert F. Samuels, R. H. Field, Lorenzo Hogland, George W. Maraman and Francis Maraman his securities; and whereas said Henry C. Thomas, commissioner aforesaid, on the 5th day of April 1847 being court made his report of sale which was confirmed. And on the motion of William T. Samuels, the purchaser, Edwin H. Summers was by an order of said court appointed a commissioner for and on behalf of Henry Robb to convey him the lots so purchased as aforesaid.

Now therefore this indenture witnesseth that the said Henry Robb by said Edwin H. Summers, commissioner, for and in consideration of the premises, decrees and orders aforesaid has this day bargained and sold and by these presents doth bargain and sell unto the said William T. Samuels and to his heirs and assigns the aforesaid parts of lots Nos. 23 and 24 in the town of Shepherdsville, now occupied by Robert F. Samuels as a dwelling and formally used as a tavern, together with the appurtenances thereunto belonging.

To have and to hold the aforesaid lots to him the said William T. Samuels and his heirs forever, and the said Henry Robb by the said Edwin H. Summers, commissioner, as aforesaid for and on his behalf covenants and agrees to and with the said William T. Samuels to warrant and defend the aforesaid lots from the claim of all person whatever; but it is expressly understood that said Summers commissioner aforesaid is not to be liable for the title to said lots. In testimony whereof the said Henry Rob by the said Edwin H. Summers commissioner has hereto set his hand and seal the day and year aforesaid.

Bullitt County Deed Book L, Page 93

Whereas Robert F. Samuels, Richard H. Field, Lorenzo Hogland, George W. Maraman and Frances Maraman have this day entered as my security to Henry Robb in a bond for the purchase of parts of lots Nos 23 and 24 in the town of Shepherdsville now occupied by Robert F. Samuels, and which was this day sold under a decree of the Bullitt Circuit Court, by Henry C. Thomas commissioner in the chancery cause of Henry Robb against Robert F. Samuels for the sum of $609.87 due three months after date, having the force and effect of a replevin bond bearing interest from date. Now therefore these presents.

Witnesseth that the said William T. Samuels, in order to secure the said R. F. Samuels, R. H. Field, Lorenzo Hogland, George W. Maraman and Francis Maraman hath this day granted, bargained and sold and by these presents doth grant, bargain and sell to them the aforesaid lots Nos 23 and 24, and their appurtenances to their heirs and assigns forever.

Nevertheless it is expressly understood that should said William T. Samuels pay off and discharge said bond with interest and costs thereon when the same shall become due, and save them said Samuels, Field, Hogland and Maramans harmless in the premises then this deed of mortgage to be null and void; otherwise to remain in full force and virtue in law. Given under my hand and seal this 5th day of April 1847. (signed) William T. Samuels

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