On 19 Mar 1838, Rufus K. Summers sold lots 60 and 61 to Preston N. Hornbeck, and also 25 feet of lot 59. The deed was complicated as he held Frederic G. Alexander's bond for the 25 feet of lot 59, and Benjamin Summers' bond for two-thirds of lot 60 which he was transferring to Hornbeck, as shown below.
Later, Hornbeck mortgaged the lots to John Anderson, and following Hornbeck's death, the Circuit Court ordered the sale of the lots to pay the mortgage, and Anderson purchased the lots at this sale.
Bullitt County Deed Book I, Pages 87-88
This indenture made and entered into this 19th day of March and the year of our Lord 1838 between Rufus K. Summers and Silna A. Summers his wife and Benjamin Summers, all of the county of Bullitt and state of Kentucky of the first part and Preston N. Hornbeck of the county and state aforesaid of the second part.
Witness that the sad Rufus case Summers and wife and Benjamin Summers four and in consideration of the sum of $600 to them in hand to be paid as follows, viz. "$600. Five years after date, I promise bind and oblige myself, my heirs &c to pay to Rufus K. Summers, or order the sum of $600, gold or silver for value received with 6% interest thereon until paid, interest to be paid annually from this date. Witness my hand and seal October 5, 1835. P.N. Hornbeck." The receipt of which note is hereby acknowledged, which when paid will be in full for the following describe tracks or lots of land, they be in the said Rufus, Sidna Ann and Benjamin Summers have granted, bargained and sold, aliened, released and confirmed unto the said P. N. Hornbeck two certain lots of land lying and being in the town of Shepherdsville, Bullitt County, Kentucky, and designated on the map of said town by the numbers 60 and 61; also the following described part of lot number 59, to-wit: 25 feet fronting on Water Street adjoining lot number 60, running back and of equal width of the front (25 feet) to the alley and being the same which the said R. K. Summers purchased of F. G. Alexander for which he holds said Alexander's bond for deed for the same, which said bond is this day assigned to the said Hornbeck for his only proper use and benefit.
The said R. K. Summers and wife sells and conveys only their entire interest in and to the said 25 feet of lot number 59 as claimed by and under the bond of said Alexander; and that they do warrant and defend the title ot the same against themselves, and all other persons claiming in through or by them, but not against the claim or claims of any other person whatever.
Now the reason that Benjamin Summers is made party to this deed and contract is this, viz; that on the 20th of July 1835 the said Benjamin sold to R. K. Summers 2/3 of lot number 60 above named for the sum of $77.58 paid in hand, being eastward part of said lot, and appurtenances for which he said B. Summers gave to R. K. Summers his bond for good and sufficient title to said part of lot where required.
Therefore it is expressly understood that the said Benjamin Summers for and in consideration of the sum of $77.58 to him in hand paid by the said R. K. Summers, the receipt of which is hereby acknowledged, does hereby sell and convey to the said Preston N. Hornbeck, the said part of lot number 60 and his heirs and assigns forever, and further binds and obliges himself the said Benjamin Summers, his heirs and assigns to warrant and forever defend the said 2/3 of lot number 60 against the claim of himself and heirs and against the claims of all other persons whatever.
And it is also understood that the Benjamin Summers or heirs are not bound for any other part of this covenant but to defend the title to said 2/3 of lot number 60 as above named.
To have and to hold the same and all, and singular the appurtenances thereto belonging to the said P. N. Hornback, to his heirs and assigns forever, and the said Rufus K. Summers, and Sidna Ann his wife do covenant and agree to, and with the said P. N. Hornbeck and his heirs that they will warrant and forever defend to them the said two lots or parcels of land, viz; lots number 60 and 61 above described against the claim of themselves and all other persons claiming or to claim the same in through or by them and all others.
In testimony whereof they the said Rufus K. Summers, Sidna A. and Benjamin Summers set their hands and seals the date above written.
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